Question: What issues or arguments can my attorney raise during the administrative license hearing following an Oklahoma DUI charge?
Answer: Now as far as what issues can be raised, honestly, whenever I look at a case, the first thing I’m looking at is what brought this officer into contact with this person and was there a legal basis for it. Because if the officer has pulled over a car when there is not a legal reason for it, then that’s kind of a showstopper. We don’t need to pursue anything further, because the stop was illegal from the beginning.
But let’s say that the stop was legal; well the next thing we look at is, well, was there sufficient indicia of intoxication. What was it that the officer saw that drew him or her to the conclusion that this person was under the influence, that they were so impaired that they couldn’t safely operate a motor vehicle. And if that’s not there, we raise that as an issue.
Then the next issue is, say they’ve been placed under arrest; was that person read Oklahoma implied consent and advised that they would lose their driving privilege if they took the test or refused to take the test? And then if the person does take the test, there’s a number of issues to challenge there. Tests that are conducted in the state of Oklahoma have to be done in accordance with the Oklahoma Board of Tests rules. And if they’re not done in accordance with those rules, then that test is not considered to be a valid test, and if you don’t have a valid test, well then they can’t sustain the revocation.
And then the other issue is on refusal; well, did the person actually refuse, did they change their mind within the two-hour timeframe in which to do a test and the officer disregarded that changing of the mind and not give them the test when they should have? So there’s a multitude of different issues that we can raise in these hearings. Now, the question is whether these hearing officers are going to follow those issues that we’ve raised. Sometimes they do, sometimes they don’t.
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