An experienced lawyer will have a number of avenues to explore when building a successful defense. At the Hunsucker Legal Group, our nationally trained and respected DUI attorneys understand that the first place to look when defending a DUI charge is the reason cited by the arresting officer for initiating the traffic stop—in other words, why the police pulled you over to begin with.
In order for any criminal charge to hold water, police must be able to give specific, legitimate reasons for suspecting that a crime occurred or was about to be committed. This means that law enforcement agents cannot stop or arrest you at random or based simply on a “hunch.” In the case of a DUI, the arresting officer must have a justifiable reason for pulling you over in order for the traffic stop to be considered valid. If the stop was not valid, the charges may be dropped and the case thrown out altogether.
The Fourth Amendment protects us from unreasonable searches and seizures. In order for a search to be reasonable under the law, police must strictly adhere to the state’s rules and guidelines when conducting DUI checkpoints. If you are arrested at a DUI checkpoint and the defense can show that state guidelines were not followed, your case may be dismissed.
In dealing with cases stemming from a roadblock, the Hunsucker Legal Group subpoenas all information relating to the coordination, approval, planning and execution of the check point to ensure that the guidelines were followed. The checkpoint must satisfy three requirements:
- The checkpoint must be rationally related to the stated purpose
- The checkpoint must be conducted in compliance with the department’s guidelines, limiting the officer’s discretion and assuring all motorists are treated equally
- The checkpoint must be planned and constructed in such a way as to minimize the invasion of the motorist’s privacy
When determining if a DUI checkpoint was reasonable, the Oklahoma Court of Criminal Appeals considers the following factors:
- The stated purpose of the checkpoint
- Whether superior officers approved of the checkpoint
- The level of compliance with the department’s established standards
- The location, duration and time of the checkpoint
- Measures taken to inform motorist of the reason of the stop
- The duration of the stop
License confiscation and 15-day window
If you are stopped and arrested for DUI, the arresting officer will confiscate your license on the spot, unless you submitted to a blood test. Once this happens, the clock starts ticking on your 15-day window to contact the Oklahoma Department of Public Safety (DPS) and request an administrative license hearing. If the hearing is not requested within 15 days of your arrest, your chance at a DPS administrative hearing will be forfeited and your license will be automatically suspended on the 30th day for a period of no less than 180 days and possibly up to three years with additional interlock installation requirements after your license is reinstated. If you submitted to a blood test, the 15 days does not start to run until such time as the results of the blood test are in.
The Hunsucker Legal Group—experience you can count on
If you have been arrested for DUI in Oklahoma, call the Hunsucker Legal Group in Oklahoma City. Our knowledgeable and highly trained attorneys are experienced in litigating criminal DUI charges as well as defending clients’ driving privileges in DPS administrative hearings. If you call within 15 days of your arrest, we can contact the DPS on your behalf to arrange the administrative license hearing.
Call 405-231-5600 to schedule a free, no-obligation case consultation with the Hunsucker Legal Group today.
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