Evidence in Oklahoma DUI Cases

Skilled Attorneys Prepared to Contest Evidence Used to Prosecute Oklahoma DUI Cases

Prosecutors may try to use many types of evidence when attempting to obtain a conviction in a DUI case. With a strong and strategic defense, it is possible to challenge the validity, accuracy, or context of many types of evidence.

If you have been charged with DUI or any DUI-related offense, you should not wait to get legal advice, no matter the amount of evidence the prosecution appears to have. Our DUI defense lawyers have the training and resources to effectively refute many types of evidence, including seemingly irrefutable evidence like chemical test results. When you meet with our team, we can carefully evaluate your situation, explain the charges you are facing, and walk you through your legal options. We can work to build a defense tailored to your specific circumstances and seek the best possible result in your case. 

We are familiar with the types of evidence in Oklahoma DUI cases and can leverage that knowledge to benefit your defense. Call (405) 544-2992 or contact us online to schedule a free, no-obligation case evaluation today.

Odor of Alcohol

Police officers often claim that a strong smell of alcohol coming from the driver or the vehicle during a traffic stop provides reasonable suspicion of impairment. This observation may be used to justify further steps, such as conducting field sobriety tests or administering chemical tests. However, the presence of an alcohol-like odor can be misleading and is not definitive proof of impairment. Several factors can skew this evidence, such as the presence of spilled drinks in the car, the use of mouthwash or other products containing alcohol, or even environmental factors interfering with the officer's perception.

Police Reports

Police reports document the officer’s observations, interactions, and actions leading to the arrest. These reports often include statements about driving behavior, physical appearance, the presence of any odors, and performance on field sobriety tests. Prosecutors use them to establish the basis for the DUI charges and to strengthen their case in court, which makes them a key focus for defense strategies.

We can challenge the credibility of these reports by identifying inaccuracies, inconsistencies, or biases in the officer’s account. For example, details like exaggerated descriptions of impairment or misrepresentation of events can become pivotal points of contention. Cross-examining the officer about vague or subjective observations, such as “unsteady demeanor” or “slurred speech,” can cast doubt on the reliability of their account. Additionally, pointing out discrepancies between the report and any available video footage or witness testimony provides opportunities to undermine the prosecution’s narrative. By scrutinizing every detail in the reports and exposing errors, we can strengthen your defense and work toward a favorable outcome.

Blood Alcohol Content (BAC) Tests

“Blood alcohol content,” or BAC, measures the concentration of alcohol in a person's bloodstream. It is expressed as a percentage, with higher percentages indicating greater levels of intoxication. BAC test results are frequently a key piece of evidence in Oklahoma DUI cases, as they (in theory) provide a numerical reading of a driver’s level of impairment. Common methods for determining BAC include breath tests, blood tests, and urine tests, each with its own procedures and potential vulnerabilities.

Breath tests estimate BAC by analyzing the alcohol content in a person’s breath. Law enforcement typically uses devices like breathalyzers after an arrest. However, many factors, including (but not limited to) device calibration, residual mouth alcohol, or certain medical conditions, can lead to inaccurate results. 

Blood tests, considered one of the most reliable methods, directly measure alcohol levels in a blood sample. Although they tend to be more accurate, blood tests still require proper collection, handling, and storage to maintain their integrity. Errors in these steps can lead to contamination or incorrect results. 

Urine tests, while less commonly used, measure the presence of alcohol metabolites in the urine. These tests can be unreliable since they reflect alcohol consumed several hours earlier and do not provide an immediate indication of impairment.

In Oklahoma, you have the right to refuse BAC testing if you are pulled over on suspicion of driving under the influence. However, such a refusal triggers automatic penalties under the state’s implied consent law. When you obtain a driver’s license in Oklahoma, you agree to submit to BAC testing if lawfully requested by an officer. Refusing a test can lead to immediate consequences, including the suspension of your driver’s license for a period of six months or longer, depending on prior offenses. Additionally, refusal may be used as evidence against you in court, as it can be interpreted as an attempt to hide intoxication. Given these realities, our team at Hunsucker Legal Group frequently encourages drivers to submit to BAC testing following an arrest. We may be able to contest the results down the line. 

To refute BAC test results in DUI cases, we may be able to challenge the procedures and assumptions involved in their collection and interpretation. Questioning the qualifications of the technician, the condition of the testing equipment, or possible violations of protocols could expose errors in the process. Highlighting medical conditions like acid reflux or diabetes may also raise doubts about test accuracy. Additionally, emphasizing the delay between the time of driving and the time of testing can show that the results may not reflect the individual’s condition while operating the vehicle. These strategies target weaknesses in the prosecution’s reliance on BAC test evidence and can play a crucial role in your defense.

Field Sobriety Tests

Field sobriety tests are physical and cognitive assessments that law enforcement officers use during a traffic stop to gauge a driver’s level of intoxication. They aim to measure balance, coordination, and the ability to follow instructions. Two commonly performed tests include the walk-and-turn test and the horizontal gaze nystagmus test.

The walk-and-turn test requires the individual to walk heel-to-toe in a straight line for a set number of steps, turn around on one foot, and return in the same manner while following verbal instructions. This test can be challenging even for sober individuals due to its reliance on motor skills, balance, and environmental conditions, like uneven terrain or poor lighting. 

The horizontal gaze nystagmus test, on the other hand, involves tracking the driver’s eye movements as they follow a stimulus, such as a pen or small light. Officers look for involuntary jerking in the eyes, which they associate with intoxication.

You should generally decline to participate in field sobriety tests because they are highly subjective and can produce inaccurate results. Factors like medical conditions, fatigue, or even anxiety during the encounter can lead to apparent failure that is completely unrelated to alcohol consumption. While refusing may carry its own complications, the results of these tests are often used against drivers without accounting for these external factors.

If you do participate in any of these tests, we can challenge the reliability of the results by questioning the science underlying the methods and scrutinizing the officer’s administration of the test. Our team at Hunsucker Legal Group includes several Standardized Field Sobriety Testing (SFST) instructors, and our attorneys are trained in SFST. Officers may fail to provide clear instructions, oversimplify scoring criteria, or neglect environmental influences on performance. Highlighting these inconsistencies and demonstrating alternative explanations for test results can weaken their credibility as evidence in Oklahoma DUI cases.

We are available 24/7, so call (405) 544-2992 or contact us online to schedule a time to discuss your case now!