Jennifer Berry has been involved in the fight against underage drinking since she was 15 and lost a friend in an alcohol-related accident.  Her 16-year-old friend and others had been drinking at Grand Lake in Oklahoma the night the accident occurred, and since then, Berry has been active with her hometown's chapter of Mother's Against Drunk Driving and helped out in sting operations with the Tulsa County Sheriff's Office.

Berry talked about her role attempting to purchase beer and liquor for these sting operations stating, "more than half [of the stores] sold alcohol to me at 18 years old with my real driver's license."  Results like this are what have prompted the House Health and Human Services Committee to introduce bills like 3056 to the Oklahoma State Legislature, penned by Representative Thad Balkman and Senator Jeff Rabon, that increase consequences not only to those doing the drinking, but to those providing the drinks. 

Oklahoma House Bill 3056 proposes increasing fines to a maximum of $5,000 and a sentence of 5 years in prison to servers who repeatedly sell to minors.  The hope is that, with these heightened consequences, beer and liquor store employees will be less willing to risk their pocketbook, liquor license, and livelihood to those who are underage.  Sean Byrne, President of the Oklahoma Prevention Policy Alliance, the group that first proposed Oklahoma House Bill 3056, feels it is very likely the bill will be passed this year. 

After being crowned Miss America on January 21st, Jennifer Berry has broadened her fight against underage drinking to a new national audience, while continuing to do all she can to help pass this proposed legislation in her home state of Oklahoma. 

Audio file of Sen. Rabon discussing Oklahoma House Bill 3056

Garfield County deputies sent their volunteers into 19 liquor and convenience stores with instructions to attempt the purchase of beer or liquor.  In just a few hours, eight citations were written and three arrests were made for selling to minors.  While Deputy Shon Jackson called the results "disappointing," Deputy Brent Vaughn countered, "it's scary is what it is."  The last sing conducted by the Garfield County Sheriff's Office yielded much different results, netting only 30 to 40 percent non-compliance with the law.  

Jackson revealed that many of the tips their sheriff's office receives regarding underage drinking parties come from the public.  He hopes that the occasional sting operations also continue to help curbing the underage drinking problems Oklahoma has been trying to combat.  

Additional initiatives targeting underage alcohol enforcement include Project Under 21, a program Deputy Vaughn recently completed.  This program is open to other agencies in addition to law enforcement agencies and conducts their training twice a year.   

The information printed in the Eddie Sutton article in the February 15, 2006 Daily Oklahoman concerning the penalties for DUI and the statutory requirements for DUI are incorrect. The information posted applies to a DUI under 21 which is designed for those persons under the age of 21 who have a BAC below .08 and greater than .02. Eddie Sutton is not charged under this statute as he is not under the age of 21. The DUI law that Eddie Sutton will most likely be charged under is Title 47, Section 11-902 of the Oklahoma Statutes which carries a penalty of not less than ten days nor more than one year in the county jail and a fine of not more than $1,000.00. The statute requires that the driver be "under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle". 47 O.S. 11-902 (A)(3).

See video of Eddie Sutton news conference
911 Transcripts of Eddie Sutton DUI charge
Stillwater Police Department diagram of Eddie Sutton DUI accident
Stillwater Police Department Witness Statements of DUI accident
Stillwater Police Department report of Eddie Sutton DUI arrest 

After a lengthy hearing in front of Oklahoma County Special Judge Croy.  The judge ruled that the Department of Public Safety did not follow the Oklahoma Board of Test Rules in administering the Intoxilyzer test to Mr. Hunsucker's client.  Mr. Hunsucker was able to show through the use of video, which are routinely requested on every case that Mr. Hunsucker represents, that the testimony of the officer was not true and complete.  Thus, the client's drivers license was returned without any revocation or suspension period.

The Hunsucker DUI Defense Firm requests videos of the arrest, book in and/or Intoxilyzer room on every client they represent.  These tapes are obtained at no expense to the client.  Although Mr. Hunsucker has won 100's of drivers licenses back from DPS, the purpose of this blog is to underscore the importance of these video tapes.

After a 1 1/2 day DUI Jury Trial, an Oklahoma County Jury returned a not guilty verdict in 20 minutes. 

Although Mr. Hunsucker used his expert, the jury foreman told Mr. Hunsucker that the expert was unnecessary because after Mr. Hunsucker skillfully cross-examined the Oklahoma Highway Patrol (OHP) Trooper, the case was won.

Oklahoma uses a machine called the Intoxilyzer 5000-D, which is commonly called the “breathalyzer”. (I call it the Intoxiliar because of its inaccuracies)

• The Intoxilyzer 5000-D costs about $7,500. Some models have been in service for 15 or more years.
• The Intoxilyzer 5000-D is simply a computer based on very old technology. The brain of this thing is a Z-80 microprocessor, which was introduced in 1975, over 30 years ago. Remember the “Radio Shack” TRS-80? Its processor was the Z-80.
• The machine works on the theory of Infrared Spectrosphopy, which is the absorption of infrared light. There is a light bulb at one end of the breath cylinder and at the other end is a filter wheel with 3 filters. As you blow into the tube, the theory is that alcohol will absorb the light rays and not show up on the filter wheel.
• The amount of Breath actually measured is very small (only 81 cc.) and must be converted to a number we will understand. The conversion the machine makes would be similar to taking a paper towel tube and increasing it to the size of a 55-gallon drum. Any error in the testing will be exaggerated by that amount.

Many people, including lawyers, will look at a breath test result and say, “Oh, you scored a high number, you will be convicted”. THIS DOES NOT HAVE TO BE TRUE, but it does show a total lack of understanding of the testing process and procedures. I have trained extensively and understand how the machines work and what problems can occur in them.

Your lawyer’s knowledge in this area of DUI litigation often is the difference between a conviction and being found NOT GUILTY.

How accurate are the chemical testing procedures?

• Oklahoma law provides that a suspect can be tested by blood, breath or both.
• Blood testing is generally considered to be the most reliable and accurate method. However, this is the least desirable by the police because it is more expensive and time consuming. Additionally, blood testing would allow you to have a second test performed on your blood sample by your own expert.
• Breath testing is more convenient, cheaper and is not subject to retesting. The machine is capable of preserving a sample, the law allows retesting of any saved sample but it cost about $2 to retain the sample and no agencies are willing to spend the money or subject themselves to being rechecked.

To be clear, the police use the cheapest, most convenient, non-testable, scientifically debated chemical test when your freedom is on the line.

If you are arrested for DUI and have a license from a state other than Oklahoma, the officer more than likely will keep your drivers license. Oklahoma will retain your license and suspend your driving privilege even though it cannot suspend your driving privilege in your home state.

45 states belong to the Interstate Drivers License Compact and all member states report driving violations to each other. Your licensing state may or may not take action, depending on the outcome of your DUI case in Oklahoma and what is actually reported to the licensing state. An example is Kansas. Kansas will not suspend your Kansas license if Oklahoma only reports an administrative revocation; they require a conviction on the criminal case before they will take action against a Kansas license. Different states have different rules.

To preserve your rights, I must request a hearing within the required 15 days. If not, your privileges will be suspended in Oklahoma and your home state will be notified. Due to the different rules, an attorney cannot be current on the regulations for all 50 states. That is why it is to your advantage to have a DUI LAWYER protecting you. I am in contact on a daily basis with DUI attorneys all across the nation. I am able to access information and provide you with professional advice from other nationally known DUI attorneys who practice daily with your states agency. This expertise is provided at no additional charge to you as the client.

In Oklahoma, you will be given 2 tests and those tests must be within .03 of each other. If your first test was .08, an acceptable second test could range from .05(not intoxicated) to .11 and be acceptable. CLOSE ENOUGH FOR GOVERNMENT WORK!

• Neither the State nor the manufacture of the machine will allow anyone other than law enforcement to test the machine for its accuracy and reliability. For a procedure to be accepted as accurate and reliable in the scientific community, it must be open and available for the scientific community to test and retest the procedure. This is not permitted with the Intoxiliar. What are they hiding?
• The number produced by the machine comes from a mathematical formula in the machine. The manufacturer will not divulge this formula, claiming it is ‘proprietary.’ Again, what are they hiding?
• A sample of your breath could be saved for retesting for about $2 but the State chooses not to save it. Why don’t they save a sample when your Freedom is on the line?
• A few of the many other issues that can affect the accuracy of a breath are: body temperature, breath temperature, power surges, radio frequencies, mouth contaminates(smokeless tobacco, dentures, denture adhesives, mints, lip balm etc), physical problems, exposure to certain chemicals, diabetes, esophageal hernia, heartburn, liver disease, certain diets, certain medications, machine malfunctions, improper maintenance, and improper training. This is not an inclusive list.

There is a way to get your license back but you must act IMMEDIATELY. . .

• I only have 15 days from the date of your arrest to appeal your license suspension.

• Your driving privileges continue for 30 days from the date of your arrest, but the period for initiating your appeal is 15 days.

• This is not the same as your court date. This is a completely separate hearing and a separate deadline.

• The first step is to request a hearing with the Department of Public Safety. If that request is not received by the Department of Public Safety within 15 days of your arrest, you will lose your license and this revocation cannot be appealed.

• The appeal is technical in nature and is based upon the Board of Test guidelines and procedures followed by the police. This requires an experienced DUI LAWYER.

• The Department of Public Safety does not give work or daytime licenses. You either get it back completely or not at all.

• You may be able to get a modification for driving but this is AFTER your license is suspended.

• You are entitled to a hearing, even if your license was suspended at the time of your arrest.

Many lawyers will tell you trying to get your license back is a waste of time.

It is for them because they do not know the procedures and polices to effectively fight for you or they just don’t care.

Think------ If we appeal your license suspension and loose, the worst that can happen is that your license will be suspended. THAT IS THE SAME THING THAT WILL HAPPEN IF YOU DON’T FIGHT, so this appeal is actually free representation for you. ALSO, there are some important tactical advantages to having the hearing.

Also, DO NOT let an attorney “phone in” this hearing. He would do this because he does not value your case enough to spend the time to physically appear in another court. Again, there are tactical reasons why your attorney should physically appear for this hearing.

Special problems attach if you have a Commercial Drivers License or a Pilots License.

DO NOT GIVE UP WITHOUT A FIGHT—Only good things can come from having this hearing.

You can estimate the percent of alcohol in the blood by number of drinks in relation to body weight. To make an estimate:

1. Count your drinks (1 drink equals 1 ounce of 100-proof liquor, one five ounce glass of table wine or one 12-ounce bottle of regular beer).

2. Use the chart below and under number of "drinks" and opposite "body weight" find the percent of blood alcohol listed.

3. Subtract from this number the percent of alcohol "burned up" during the time elapsed since your first drink. This figure is .015% per hour. (Example: 180 lb.
man - 8 drinks in 4 hours / .167% minus (.015x4) = .107 %

	DRINKS
Body weight	1	2	3	4	5	6	7	8	9	10	11	12
100 lb.	.038	.075	.113	.150	.188	.225	.263	.300	.338	.375	.413	.450
110 lb.	.034	.066	.103	.137	.172	.207	.241	.275	.309	.344	.379	.412
120 lb.	.031	.063	.094	.125	.156	.188	.219	.250	.281	.313	.344	.375
130 lb.	.029	.058	.087	.116	.145	.174	.203	.232	.261	.290	.320	.348
140 lb.	.027	.054	.080	.107	.134	.161	.188	.214	.241	.268	.295	.321
150 lb.	.025	.050	.075	.100	.125	.151	.176	.201	.226	.251	.276	.301
160 lb.	.023	.047	.070	.094	.117	.141	.164	.188	.211	.234	.258	.281
170 lb.	.022	.045	.066	.088	.110	.132	.155	.178	.200	.221	.244	.265
180 lb.	.021	.042	.063	.083	.104	.125	.146	.167	.188	.208	.229	.250
190 lb.	.020	.040	.059	.079	.099	.119	.138	.158	.179	.198	.217	.237
200 lb.	.019	.038	.056	.075	.094	.113	.131	.150	.169	.188	.206	.225
210 lb.	.018	.036	.053	.071	.090	.107	.125	.143	.161	.179	.197	.215
220 lb.	.017	.034	.051	.068	.085	.102	.119	.136	.153	.170	.188	.205
230 lb.	.016	.032	.049	.065	.081	.098	.115	.130	.147	.163	.180	.196
240 lb.	.016	.031	.047	.063	.078</