What Are the Legal Defenses Available for Repeat DUI Offenses in Oklahoma?

June 7, 2024

Facing a repeat DUI charge in Oklahoma is a serious matter, as the penalties become significantly harsher. However, various legal defenses may be available. Here are a few tips from a DUI lawyer in Oklahoma City on the legal defenses that may help if you are facing charges for a repeat DUI offense.

Legal Defenses Available for Repeat DUI Offenses in Oklahoma: Tips from a DUI Lawyer in Oklahoma City

1. Challenging the Traffic Stop

The foundation of any DUI case is the initial traffic stop. If law enforcement lacked probable cause to pull you over, any evidence obtained afterward could be inadmissible. Was there a valid reason for the stop? Were there any signs of impaired driving? An experienced attorney can examine the circumstances of the stop and potentially challenge its legality.

2. Questioning Field Sobriety Tests

Field sobriety tests (FSTs) are often used to assess impairment, but they are not foolproof. Many factors, such as fatigue, nervousness, or medical conditions, can impact performance. Your attorney may argue that the tests were administered incorrectly or that the results were misinterpreted, casting doubt on their reliability.

3. Contesting Chemical Testing

Chemical tests, such as breathalyzers or blood tests, are crucial in determining blood alcohol concentration (BAC). However, these tests can be subject to error. Were the testing devices properly calibrated and maintained? Were the samples collected and handled correctly? An attorney can look at the testing procedures and results and potentially uncover flaws that could weaken the prosecution's case.

4. Rising Blood Alcohol Defense

In some cases, your BAC might have been below the legal limit at the time of driving but continued to rise after you were stopped. This is known as the "rising blood alcohol" defense. Your attorney may argue that your BAC was within the legal limit while operating the vehicle, even if it later exceeded the limit during testing.

5. Necessity Defense

The necessity defense is rarely used, but it can be applicable in extreme situations. If you were driving under the influence to escape imminent danger or harm, such as fleeing a violent attacker rushing someone to the hospital, you might argue that your actions were necessary for self-preservation or the protection of others. However, this defense is difficult to prove and requires demonstrating that no reasonable alternatives were available (such as an ambulance or flight on foot).

6. Violation of Rights

If your rights were violated at any point, such as during the arrest, interrogation, or testing process, any evidence obtained as a result could be suppressed. Your attorney can investigate whether any constitutional violations occurred and protect your rights. Click here to find out more.

Repeat DUI charges in Oklahoma carry severe consequences, but a solid legal defense can significantly impact the outcome of your case. Consulting with an experienced DUI attorney is essential to explore the available options and develop the most effective defense strategy tailored to your situation.


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