Parties, celebrations, and events can all be expected during the holiday season. Unfortunately, it also brings the added stress of increased police presence and DUI checkpoints on Oklahoma roads. If you're an Oklahoma driver, it's crucial to understand your rights and how to protect yourself if you find yourself in this situation. Knowing what to do can make all the difference.
Understanding DUI Checkpoints in Oklahoma
DUI checkpoints, also known as sobriety checkpoints, are a common law enforcement tactic during the holidays. They are typically set up at specific locations to stop vehicles and briefly question drivers to determine if they are under the influence. While these checkpoints are legal, they must follow strict guidelines to be considered constitutional. For example, the location and duration of the checkpoint should be publicly announced in advance, and the stops should be non-discriminatory and brief.
What to Do at a DUI Checkpoint
Encountering a DUI checkpoint can be intimidating, but staying calm and collected is your best course of action. Remember these key tips:
Be Prepared: Always carry your driver's license, registration, and proof of insurance. Having these documents ready can make the process faster and smoother.
Be Polite and Cooperative: When an officer asks for your documents, provide them without argument. Answer their questions politely, but keep your answers brief. You are not legally obligated to answer questions that are not related to the stop itself, such as where you're coming from or where you're going.
Know Your Rights: You have the right to refuse a field sobriety test (FST) in Oklahoma. FSTs are voluntary, and their results can be subjective and unreliable. However, be aware that refusing a state-administered breath or blood test could lead to an automatic driver's license suspension under Oklahoma's implied consent laws. This is a critical distinction to remember.
Tips for a DUI Arrest
If an officer has reason to believe you are impaired, you may be arrested. If this happens, here’s what you need to know:
Remain Silent: You have the right to remain silent. Politely inform the officer that you are invoking this right and will not answer any questions without your lawyer present. Do not admit to drinking, no matter how little.
Stay Calm: An arrest is a serious and stressful event, but getting angry or combative with the police will only make your situation worse. Remain respectful and avoid any actions that could be interpreted as resisting arrest.
Contact an Attorney Immediately: This is the single most important step you can take. A DUI arrest sets a strict timeline for challenging your license suspension. Delaying could mean losing your ability to fight for your driving privileges and your freedom. An experienced DUI defense attorney can immediately begin building a strong case on your behalf, examining every detail of your arrest for any procedural errors or violations of your rights.
Talk to Oklahoma DUI Defense Attorneys
The holiday season should be a time for joy, not legal anxiety. However, if you find yourself facing a DUI, DWI, or APC charge, remember that a mistake doesn't have to define your future.
At Hunsucker Legal Group, we are dedicated to providing an authoritative, empathetic, and results-oriented defense. Our team, led by Oklahoma City's only board-certified DUI defense lawyer, is here to expose the mistakes in the prosecution's case and fight for the best possible outcome. Every minute counts, so don't hesitate.
Contact us now at (405) 544-2992 for a free case evaluation.
