DUI Terms and Definitions - Tulsa Trial Attorneys
Client Reviews From DUI Cases
“THIS WAS MY SECOND DUI CHARGE. I DON’T BELIEVE I WAS IMPAIRED EITHER TIME. THE FIRST TIME I PAID A BUNDLE AND ENDED UP HAVING TO DO PROBATION, CLASSES, AND HAVE AN INTERLOCK. THIS TIME I HIRED BOEHEIM FREEMAN LAW AND THEY FOUGHT THE OFFICER’S CLAIM I WAS INTOXICATED AND IT ENDED UP GETTING DISMISSED. THEY ALSO FOUGHT THE REVOCATION OF MY LICENSE AND WON. THE BEST PART IS THEY COST HALF OF WHAT I PAID LAST TIME.” A.B. 10/15/19
“GOT MY DUI CHARGED DROPPED!!! VERY HONEST AND EXPERIENCED! VERY EASY TO TALK TOO! SAVED MY CDL LICENSE! TULSA'S #1 DUI ATTORNEY, TRULY THE BEST!!!! P.C. 1/24/19
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;
IF YOU HAVE BEEN FALSELY ACCUSED OF DRINKING WE NEED TO HAVE YOU TAKE AN ETG TEST AS SOON AS POSSIBLE,
YOU ONLY HAVE 15 DAYS TO CHALLENGE THE SUSPENSION OF YOUR LICENSE,
EARLY SUBPOENAING OF DASH CAM VIDEO AND CHEMICAL BREATH TESTING SERVICE LOGS MAKES FOR A QUICKER RESOLUTION,
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.
DUI Terms and Definitions
DPS - This stands for “Department of Public Safety" and they are the monitoring agency for driver’s licenses.
DPS Revocation - It is what will happen automatically if you do not schedule an DPS hearing within 15 days of your arrest.
DPS Hearing - At a DPS Hearing, you can contest your DUI stop and get your driving privileges restored. This is normally done over the phone and the arresting officer will be required to provide an administrative magistrate with probable cause for the stop and testify to properly explaining your rights.
Alcohol Absorption - This term is directly connected with the chemical (breath, blood or urine) testing process. When speaking of the "absorption rate," this is referring to the rate at which alcohol enters the blood stream. Many different factors can change the alcohol absorption rate, such as the food the individual ate, if the individual was sick, etc.
BAC - This is an acronym for blood alcohol concentration. This refers to the percentage of alcohol in a person's blood. A BAC of .08% or above is considered illegal in the United States. The acceptable percentage is lower for those under the age of 21 and commercial truck drivers.
Burn-Off Rate - This term refers to the pace at which alcohol enters the blood stream and them metabolizes. "Metabolizing" is the process the body uses to turn food and drink into energy for the body. Everyone has a different burn-off rate. The rate can differ depending upon a person's body type, age, lifestyle, etc.
Implied Consent - According to DPS, if an individual is arrested and they are asked to submit to a breath or blood (chemical) test, then they cannot refuse due to implied consent laws. Everyone who is issued a driver license in the state of Oklahoma is essentially gives their consent to submit to this type of test should a lawful arrest occur.
Modified License - Only certain individuals will qualify for a limited driving permit if their license has been suspended. This type of permit allows an individual with a suspended license to drive under certain circumstances, such as only to and from work.
Miranda Rights - When you hear a police officer saying that you "have the right to remain silent," they are explaining your Miranda rights to you. Law enforcement must explain a person's Fifth and Sixth Amendment rights to someone while they are being arrested. Failure to inform someone of their rights might void a case.
Open Container - An open container refers to an open alcoholic beverage container such as a beer bottle, can, etc. that contains an alcoholic beverage in it of any amount. If this container has a broken seal or is open with some of the contents missing (presumably consumed), then an open container ticket will likely be issued. The maximum fine is $200.
What if you get Arrested for DUI or DWI?
You may be embarrassed and worried about how the drunk driving arrest will affect your life. You should be concerned about a your drivers license being suspended and about the criminal consequences, like probation, jail or fines.
No one ever intends to be arrested for drunk driving or driving under the influence of drugs. You are out for a night of fun and relaxation, and the next thing you know you are pulled over. How you handle the next minutes, hours and days can impact your freedom, your job, and your license. Get experienced representation immediately!
Why do I Need an Experienced DUI Attorney?
If you have been arrested for driving under the influence for the first time, you may not fully understand the need for experienced legal advice and representation of a Tulsa DUI Lawyer. Time is limited. It is vital that you take action against a conviction - even you first conviction is subject to harsh penalties. Additionally, court process is filled with legal technicalities. You need a highly trained and experienced attorney who has handled hundreds, if not thousands of DUI cases to insure that all stones are turned over .
After the arrest, you have only 15 days days to request a DPS Hearing (Department of Public Safety). Otherwise, you will automatically have a suspended license in addition to a conviction on your criminal record. Your best hope for avoiding these painful consequences is to hire an attorney with the experience to fight skillfully and aggressively in your defense. An experienced attorney can guide you through how to challenge and fight your case, but time is of the essence.
CALL OUR EXPERIENCE DUI ATTORNEYS AT 918-884-7791
What are the Issues you and Your Attorney Should be Discussing?
The first focus should be on whether you need to get a making sure you have requested a DPS hearing within. Next you need to discuss an EtG test if the stop was for alcohol or a blood test if the stop was for drugs. These need to be done as soon as possible. An experienced attorney will discuss with you whether the police officer had probable cause to stop your vehicle and then whether you gave them any indication of intoxication or impairment. Finally, you should discuss the request and results of a field sobriety test, breath tests, and blood tests.
How Can Your Attorney Fight for You?
Was it a legal constitutional stop?
Did the officer follow procedure in testing you?
Was the SFST done properly?
Was the breath test done properly?
Was the blood test done properly?
More Issues and Things to Know
Accidents and Serious Injury
Drugs vs. Alcohol
Effect on Driver’s License
Effect on CDL
Ignition Interlock Devices
Drug and alcohol Assessment
Prescription Drugs and DUI
Marijuana and DUI
DUI Terms and Definitions
DUI Frequently Asked Questions (FAQ)
DUI Litigation Expertise
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 Law’s expertise and training in science go to work for you challenging the officer's use of an SFTS, DRE, or Breath and Blood Testing.