Facing DUI Charges? Here’s What You Need To Know

Here at Swain Law Group, our experienced lawyers offer the aggressive defense that you need when facing driving under the influence (DUI) charges. They are driven to defend our clients’ rights and provide helpful information every step of the way.

If you are beginning to look into your options, then, to help you get started, below are answers to some of the most common questions our team receives.

What indicators of drunk driving does law enforcement look for prior to a traffic stop?

Reasonable suspicion is required for a traffic stop. Law enforcement officers will look for drivers who are swerving back and forth in the lane, straddling the center line, making sloppy driving maneuvers and wide turns, braking and accelerating erratically, or failing to respond properly to traffic signals.

Am I required to take a field sobriety test?

No, field sobriety tests are optional, not required. Additionally, studies have found that they are not very accurate, so taking the tests could lead to a false arrest.

How accurate are field sobriety tests?

These tests are not even close to 100% accurate. The main three tests that police officers use are the one-leg stand test (only 65% accurate), the walk-and-turn test (68%) and the horizontal gaze nystagmus (HGN) test (77%).

What happens if I refuse to submit to a breath test?

You can refuse to take a breath test. However, due to the state’s implied consent laws, there may be ramifications for a refusal. Your driver’s license could be suspended from six months to two years, for instance.

Is breath testing accurate?

A breath test can be accurate, but it is not always so. Common issues that lead to inaccuracies include officers making mistakes while administering the test, using non-approved devices, using devices that have not been calibrated or maintained, and administering a test after the driver has burped, used mouthwash or done other things that can produce false positives.

What happens if my BAC is over .08%?

If your blood alcohol concentration (BAC) is over the legal limit of .08%, then the court can presume impairment. But remember that you can still be arrested if your BAC is under the legal limit. The authorities just need other evidence to prove impairment.

Will I lose my driver’s license?

You can lose your license if you are convicted. This could last for six months. However, Oklahoma allows for the use of the Impaired Driver Accountability Program (IDAP). Those who use this program may have some restrictions but will still be allowed to retain their licenses.

Will I go to jail?

If you are convicted of DUI, you may spend time behind bars. For a first offense, this is typically between 10 days and one year. That is one of the main reasons that you need an experienced attorney on your side from the start.

What happens if this isn’t my first DUI?

Potential sentences can be more severe for repeat offenders. A first offense may be a misdemeanor, for instance, but a second offense within 10 years becomes a felony. This could come with a mandatory prison sentence of 12 months, along with $2,500 in fines.

Contact Us For An Aggressive DUI Defense

You can see how severe a DUI conviction may be and why it is so important to have an experienced DUI lawyer on your side. Contact us at 405-546-1292 or use our online contact form to discuss your legal options at this time. With Swain Law Group, your future is in good hands.