Tulsa DUI Attorneys
“Got my DUI charge 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
“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
Time is of the Essence
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.
What is Nystagmus?
Nystagmus is defined as an involuntary eye movement which may cause the eye to rapidly move from side to side, up and down, or in a circle, and may slightly blur vision.
What can cause Nystagmus?
While alcohol can cause a person to experience nystagmus, a law enforcement officer has no way of determining if the nystagmus is the result of intoxication or a pre-existing health condition. According to the American Optometric Association, nystagmus can be the result of a number of pre-existing health conditions. Nystagmus is most commonly caused by a neurological problem that is present at birth or develops in early childhood. Acquired nystagmus, which occurs later in life, can be the symptom of another condition or disease, such as stroke, multiple sclerosis or trauma.
Other causes of nystagmus include:
Lack of development of normal eye movement control early in life
Very high refractive error, for example, nearsightedness (myopia) or astigmatism
Inflammation of the inner ear
Medications such as anti-epilepsy drugs
Central nervous system diseases
The HGN Test
Horizontal Gaze Nystagmus
This test, though widely used by law enforcement, is highly unreliable in its current application. There are numerous things that can cause nystagmus that are completely unrelated to being intoxicated and it is unlikely that the officer who pulled you over and administered the HGN test is truly trained in recognizing and differentiating the numerous types of nystagmus.
The test’s accuracy is further limited by the fact that many people experience nystagmus as the result of a health condition or prescription medication. A knowledgeable and experienced attorney knows that it is the prosecutor’s responsibility to prove beyond a reasonable doubt that a positive HGN test is the result of intoxication and not a health condition or medication and effectively confront the officer regarding his lack of knowledge on the subject. Can they truly differentiate between the types of nystagmus listed below and determine that an intoxicant is the cause of any type of irregularity?
Types of Nystagmus
Vestibular-basilar artery insufficiency
Call our ExperienceD DUI Attorneys at 918-884-7791
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
Drug Recognition Expert (DRE)
Prescription Drugs and DUI
Marijuana and DUI
Actual Physical Control (APC)
DUI Frequently Asked Questions (FAQ)
DUI Litigation Expertise
The best DUI lawyers will argue about illegal stops, unconstitutional seizure, unwarranted searches, 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 stop and their use of an SFTS, DRE, or Breath and Blood Testing.