Beating a DUI Charge in Oklahoma
The penalties for a DUI in Oklahoma have the potential to take a significant toll on you, your job, your ability to drive and, most importantly, your family. It is imperative that you work with an experienced DUI defense attorney who can fight for you if you are facing this serious charge. He or she should start building your defense by examining the circumstances leading up to your arrest.
Understanding Probable Cause
The Fourth Amendment of the Constitution protects U.S. residents from unreasonable search and seizure by imposing probable cause requirements on law enforcement officials. In simple terms, an officer must have a valid reason or probable cause before he or she can legally pull someone over.
While acts such as speeding, running a red light, or violating other traffic laws constitute probable cause for stopping a driver, other factors such as driving late at night or in a bad part of town do not meet the legal standard.
Once an officer has probable cause to pull you over, he or she must then meet yet another probable cause requirement, this time for suspecting you are impaired. Only after this second requirement is met can the officer ask you to perform a breathalyzer or other chemical test.
Tools for Your Defense
To ensure your arrest was valid, you must look at the case from every angle. From reviewing the police report to requesting a copy of the arrest video, it is important to go over every piece of evidence, no matter how insignificant it may seem. Only after you go over all of these details can you determine the right defense strategy for your situation.