5 things the District Attorney does not want you to know :

1. He does not have all the witnesses available to prove his case.
2. He has exculpatory evidence which would prove your innocence.
3. He REALLY does not want to try this case against an experienced defense attorney.
4. He has evidentiary problems in proving your blood alcohol level.
5. He's bluffing.

7 of the facts that must be proved before you can be found guilty:

1. Your identity
2. As a driver
3. Of a motor vehicle
4. In the state of Oklahoma, while
5. Your blood alcohol level was over one of the prescribed limits or
6. You were substantially incapable of driving (driving under the influence) or
7. You were affected to slightest degree in your driving ability (driving while ability impaired).

What you must do immediately to preserve your right to drive:

• The Department of Public Safety (DPS) will revoke your driving privileges for anywhere from 6 months to 3 years (depending upon your record) for either a chemical test failure (.08% BAC if over 21 years old, and .02% BAC if under 21 years old) OR a chemical test refusal. This revocation is NOT immediate. It starts 30 days from the date of your arrest. TO STOP THIS, WE MUST REQUEST A HEARING WITH THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIFTEEN (15) OF YOUR ARREST, AND WIN THAT HEARING!! Therefore, to preserve your driving rights, we must request this hearing as soon as possible. If we wait more than this 15 days, there is NOTHING we can do to preserve your license!
  
  REMEMBER: your court case and this license problem are separate. What happens in court does NOT affect your license. You could literally win your court case and STILL lose your license if we do not request this hearing in a timely manner!

10 questions your attorney must ask you.

1. What your itinerary was prior to arrest.
2. Your consumption of alcoholic beverages.
3. Your observations of the officer.
4. The officer's stated reasons for stopping you.
5. Whether the officer asked or ordered you to take roadside tests.
6. Your performance on roadside tests.
7. Statements you made to the officer.
8. What the results were of any breath or blood tests.
9. Whether there were witnesses to your arrest.
10. Whether you were observed prior to a breath test,

What are the 4 items crucial to your defense?

1. A good investigation of the facts.
2. Vigorous cross-examination.
3. A sound understanding of constitutional principles.
4. An experienced attorney who is VERY knowledgeable about DUI defense, the breath or blood tests, and the field tests.

What is the one thing your attorney must do to raise objections based on the Information or Charge Sheet?

• Appear in person for your arraignment.

Why a jury trial is advisable:

• Six people (if it is a misdemeanor; twelve if it is a felony) have to agree on your guilt instead of one.

What is necessary to get a jury trial, as opposed to a bench or judge trial?

• You automatically have a right to a jury trial.

How the arresting officer's testimony can be discredited:

1. Inconsistent statements.
2. Failure to recollect.

5 requirements which must be followed for chemical and roadside tests to be valid:

1. The officer must have had a reasonable suspicion that you were violating the law.
2. The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
3. You have a right to request ANOTHER test of your choice AFTER you have taken the officer's test.
4. The officer must have probable cause before he arrests you and before he requires you to take a chemical test.
5. The officer must give you your Miranda rights after you are arrested, if he is going to interrogate you.

What are the 2 key pieces of information which must be learned in deciding to go to trial?

1. An estimation of the weaknesses and strengths of the State's case against you.
2. The effect of a conviction.

How to determine if you can plea bargain, and at what step you should do it.

• It's a cost benefit analysis. How much do you have to defend your case?

What effect will this arrest have on my license and when will I be able to drive?

• If your blood alcohol was over the legal limit or you refused a test, you may not be able to drive at all for a long period of time.

How to save your license if you're found guilty in court?

• You can't. However, modifications or "work permits" can oft-times be granted on a case by case basis. It also depends upon the length of the revocation of your license.

What 4 preliminary motions should be filed, and the danger to you if they aren't.

1. Motion to suppress evidence on the ground that you were unconstitutionally stopped or other state laws were not followed by the officer.
2. Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
3. Motion to suppress statements on failure to give Miranda rights.
4. Motion for Discovery of all evidence.

If these motions are not filed, your case may not be dismissed when it should have been. You may not be told about evidence which would prove your innocence.

7 defense tactics in pre-trial motions:

1. Contest the constitutionality of the stop.
2. Contest the constitutionality of the administration of roadside tests.
3. Contest the constitutionality of the probable cause to arrest.
4. Contest the constitutionality of the Miranda rights.
5. Contest the manner in which roadside tests were given
6. Contest the admissibility of any chemical test such as the Intoxilyzer 5000.
7. Contest the constitutionality of any search and seizure.

© 2001 BLS