You can beat a DUI charge in Oklahoma if you failed both tests. However, doing so can be incredibly difficult. If you choose to go through the legal process that follows a driving under the influence arrest alone, you risk costly mistakes. Without legal help, you could face a conviction that sticks with you for a long time.
Factors to Consider If You Want to Beat a DUI After Failed Breath and Field Sobriety Tests
Trust Oklahoma DUI defense attorneys to guide you through the legal process. Your lawyer will look at various factors as they search for ways to help you beat a driving under the influence charge after you fail both tests. These factors include:
Reliability of Tests
In Oklahoma, a breath test may show that you have a blood alcohol concentration (BAC) of 0.08% or higher. Police officers will review your test results in relation to the BAC chart for Oklahoma. If they find your BAC is above the legal limit, they may arrest you for driving under the influence.
Breath tests are not always dependable. Medical conditions and environmental factors can result in a false reading. Along with these issues, if a breath test is not administered properly, you may be charged with a DUI in spite of the fact that you may not have a BAC exceeding the legal limit.
Comparatively, field sobriety tests (FSTs) are highly subjective. If the police give you unclear instructions for an FST, you may not pass and can be arrested for driving under the influence. Or, a medical condition may hamper your ability to complete an FST. Based on this, you could fail this test and receive a DUI charge.
Probable Cause
The police must have a valid reason for pulling your car over. Your lawyer may raise a reasonable doubt about why police officers stopped your vehicle. If the court has concerns about whether there was probable cause for your traffic stop, the case against you may be dismissed.
A Violation of Your Constitutional Rights
The Fourth Amendment protects you against unlawful searches and seizures. If the police obtain evidence but violate your Fourth Amendment rights when they do, the court may suppress this proof. By doing so, the court can weaken the prosecution’s case, which may help you beat your DUI charge.
Based on the Fifth Amendment, the police must read you your Miranda warning after they arrest you and before they question you. If police officers start to question you about your DUI arrest but never share your Miranda rights, the prosecution may not be able to use the information that these officers gathered in their case.
How to Beat a DUI Charge in Oklahoma If You Failed Both Tests
Work with a criminal defense lawyer who has relevant driving under the influence case experience. Your attorney can assess your case and develop a legal strategy to prove you should not be convicted of a DUI even if you failed both tests.
In their argument, your attorney may challenge the prosecution’s evidence and how it was obtained. They may also negotiate a plea agreement on your behalf. If you agree to a plea bargain, you may be subject to fines, a suspension of your driver’s license, or probation instead of a jail sentence.