First and foremost, call us right away at 918-884-7791. Depending on your circumstance and your charges, you may have a specific time to respond. Whenever there is an arrest, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. With a DUI there are four key issues that are effected by waiting; (1) If you have falsely accused of drinking we need to have you take an EtG test as soon as possible*, (2) you only have 15 days to challenge the suspension of your license, (3) early subpoenaing of dash cam video and chemical breath testing service logs makes for a quicker resolution, (4) depending on your immigration status receiving a reasonable bond from the state may make all the difference between sitting in jail or at home awaiting resolution of your case.
* EtG Urine Alcohol Test will detect ingestion of Ethyl Alcohol within the past 80 hours. EtG is a metabolite of Ethyl Alcohol, and can be detected for longer periods of time after ingestion than simply testing for Ethyl Alcohol.
If you are charged with drunk driving you have a right to fight a DUI charge and we can help. Let Boeheim | Freeman examine and possibly challenge the following:
- The reasonable and articulable suspicion for the vehicle stop.
- The questioning of you at the roadside or afterwards.
- The Pre-Arrest Breath Test.
- The Standard Field Sobriety Tests.**
- The probable cause for the arrest.
- The Breath test and Blood test result themselves. ***
- The possible suspension of your license.
** Standard Field Sobriety Tests is made of of three (3) parts. (1) Horizontal Gaze Nystagmus, (2) Heel-Toe-Turn, and (3) One-leg Stand tests. For a statistically accurate estimation of a person's level of impairment it is necessary to accurately complete all three (3) tests. This means if one of these tests was missed, or not administered properly, the entire SFTS can be challenged as being statistically inaccurate. Also, if you have any injuries or physical disabilities it would render the tests invalid. Finally, if you have any optical impairment or issues with your vision it can render that the HGN test invalid. Let Boeheim | Freeman take a good look at how the the SFTS was administered and make sure that an opportunity to challenge the evidence isn't overlooked.
*** For Breath and Blood tests, challenges can be made to keep them out of evidence based on previously known equipment malfunctions. In the case of a Breath Test, we can challenge the maintenance, calibration and use of the Intoxilizer, and examine an argument against the admission of the result into evidence. In the case of a Blood Test, we challenge and look into possible 4th Amendment violations in the officer’s or trooper’s securing of your blood sample and to challenge the collection and subsequent analysis of the blood specimen. Likewise, possible 4th Amendment violations can constitute a basis for refusing to provide a blood sample. Many Breath and Blood Test results are inaccurate due to improper equipment and a number of cases have been thrown out or reduced due to improper equipment, without the help of Boeheim | Freeman, this challenge of evidence could be overlooked.
Many of the issues stated above apply when you are accused of driving while impaired due to drugs. If you can get in to see us quickly we may be able to have a blood or U/A test performed, which may exonerate you. Certain drugs take days to exit the system. If we can show the prosecution that you have a clean drug panel they very well may drop the charges.
The Standard Field Sobriety Test was created and is only statistically accurate for assessing impairment from alcohol. It is flawed at best in helping an officer identify intoxication in a person under the influence of drugs. These arguments are about statistics, chemistry, and biology. You need an attorney who not only knows the law, but also knows the science. Let Boeheim | Freeman's expertise and training in science go to work for you challenging the officer's use of an SFTS test.