Governor Mary Fallin recently signed SB 643—Oklahoma’s latest drunk driving legislation—into law. It is riddled with questionable and even unconstitutional infringements on the rights of those arrested for drunk driving. Here are a few of the troubling highlights:
Oklahoma SB 643: How a DUI Arrest Can Cost You Your License Before Trial
Under SB 643, even if no charges are filed against you, you could still lose your license. The bill eliminated all administrative hearings dealing with driver’s license, meaning that now, a person will only lose his or her license thought the criminal court. However, it expanded the definition of a case, so even if a case is dismissed, the accused gets a deferred sentence or even a deferred prosecution.
SB 643 completely ignores due process. SB 643 mandates that DPS would destroy the driver’s license of anyone arrested and charged with DUI—even before that person’s case has worked its way through court.
Under SB 643, asking to speak with a lawyer is now considered a refusal, which is a separate crime. If a person is arrested and the officer asks them to take a breath test it is understandable they might say they want to speak to a layer. This is now a crime.
SB 643 Under Fire: Oklahoma DUI Law Eliminates Fair Trial Protections
SB 643 eliminates the possibility for confronting a witness, due process and other parts of a case that are necessary for a fair trial. The new law deems any blood test or breath test taken as admissible for evidence in any trial—even to the point of eliminating the right to question about standard laboratory procedures in place for every laboratory in the U.S.
SB 643 imposes unattainable conditions for bond for second offenders. Any person arrested on ay second offense will now have to install an ignition interlock device as part of their bond. This raises a serious issue for people who do not have a vehicle, may have wrecked a car or who are in jail. How can they meet this requirement?
At the Edge Law Firm, we are committed to ensuring that the rights of all Oklahomans are protected. We are working furiously with other respected Oklahoma criminal defense attorneys on a brief to challenge the constitutionality of SB 643 before the Oklahoma Supreme Court.
We will be posting more about SB 643 and our progress on the brief on our Facebook page. Follow us to stay informed.
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