1. Be Polite
Even if you think you shouldn't have been pulled over, be polite to the police. When you are pulled over, act with courtesy and manners. It will go a long way for you. The last thing you want included in a police report is that you were rude, combative, or argumentative. At the very least it could cause the judge or prosecutor to attempt to punish you more and at worst a bad attitude could cause you to be charged with additional crimes such as obstructing an officer.
2. Decline to Take the Field Sobriety Tests
In Oklahoma you do not have to take the field sobriety tests. This includes the horizontal gaze nystagmus test (commonly referred to as the "pen test"), the one-legged stand test, the walk and turn test, and other tests such as the alphabet test. Most officers will not ask if you want to take these tests, but rather will order you to take the test. Kindly inform them that you decline to take any field sobriety tests, but if you are arrested you will still submit to the taking the State's chemical test.
This is important to remember, in Oklahoma you are required to submit to a chemical test (typically a breathalyzer) for the presence of intoxicants if a peace officer believes you are driving under the influence and arrests you. This is entirely different from the field sobriety tests. If you refuse to take the State's Chemical Test, you will lose your license for 180 days followed by 18 months of being required to have a breathalyzer in your car. Therefore, you want to think long and hard before refusing the state's test. More on this below.
3. Consider Whether or Not to Take the State's Test
If you are arrested, the officer will tell you that he or she is requesting that you take the "State's Test". In a first time DUI situation, if you take the test and your blood alcohol is between a 0.08% and a 0.14% your license will be suspended for a period of 6 months in addition to the test results being used in a criminal case against you. If you have a blood alcohol content over 0.15%, then you will have your license suspended for six months followed by another 18 months of having a breathalyzer in your car.
If, however, you refuse to take the state's test, then you will automatically be treated as if you had a 0.15% blood alcohol content. You will have your license suspended for six months and then have to have a breathalyzer for another 18 months. Additionally, because you refused to take the test, under Oklahoma law the prosecutor can argue that you refused to take the test because you knew that you would fail the test.
Many people have a blood alcohol between a 0.08% and a 0.14% when they are arrested for DUI. If they refused the test, then they would end up with more severe punishment on their driving privileges than normal. Many DUI attorneys in Tulsa advertise that "you don't have to take the State's test". This is technically true, however, because of the license implications, it is often bad advise.
4. Say as Little as Possible to the Officer
The officer will ask you where you were, where you were going, how much you had to drink, what you drank, etc. Remember, everything the officer is doing is aimed at proving you have committed a crime. They would not be detaining you and asking you questions and asking you to do field sobriety tests if they thought you weren't drunk. You are allowed to politely tell them that you do not want to talk about it. You have to tell them your identifying information (name, date of birth, etc.), but that is all. More than likely, no matter what you say, you are going to be arrested if the officer smells alcohol on your breath when they pull you over at night. You don't need to go out of your way to make the prosecutor's case any better.
5. Call An Experienced DUI Attorney As Soon As You Get Out of Jail
Once you get out of jail you need to contact an experienced DUI attorney like Robert Denton at www.TulsaDUIDefense.com so that you can protect your rights. Many lawyers will say that handle DUI cases, but few have the background and experience to do the work that needs to be done in a DUI case. Robert Denton is a member of the National College of DUI Defense Attorneys and a former prosecutor. He has worked DUI checkpoints, been on ride-alongs, participated in scientific DUI studies with forensic toxicologists, and witnessed several DUI investigations while in the field. Most attorneys who claim to handle DUI cases have not done any of these things. Make sure you contact someone with experience. If not handled properly, a DUI case can cause you to lose your job or worse. You can contact Robert Denton at www.TulsaDUIDefense.com or (918) 221-3991.
