Reasonable Suspicion in Oklahoma DUI Cases

DUI Defense Lawyers Prepared to Contest Reasonable Suspicion in Oklahoma

In order to lawfully pull you over, a police officer must have a legitimate reason. In legal terms, the justification for initiating a traffic stop is called “reasonable suspicion.”

If the arresting officer’s reasons for pulling you over and conducting a DUI investigation are not sufficient in the eyes of the law, then the state’s case against you is compromised and could be dismissed. That is why our DUI defense attorneys at Hunsucker Legal Group always challenge every aspect of the traffic stop and investigation. We encourage you to get in touch with our team right away after being arrested for DUI or any DUI-related offense, such as DWI or APC.

Our lawyers are prepared to thoroughly investigate the arresting officer’s reasonable suspicion in Oklahoma DUI cases. We answer the phone 24/7, so schedule a free case evaluation by calling (405) 544-2992 or contacting us online now!

What Is Considered Indicia of Intoxication in Oklahoma?

In a DUI case, police must actually satisfy the requirement of reasonable suspicion twice: once to initiate the traffic stop and again to initiate a DUI investigation. Typically, officers will cite suspicion of a traffic violation, equipment violation, or criminal activity as the reason for pulling a vehicle over. This could include anything from a broken taillight to weaving between lanes. It is a low bar to satisfy, but it still must be more than just a hunch. Once the officer has pulled you over and approached your vehicle, they must establish reasonable suspicion of drunk or impaired driving before beginning a DUI investigation. 

In almost every DUI case we handle, we see officers point to the same general symptoms of intoxication:

• Slurred speech
• Red, bloodshot, and/or glossy eyes
• Odor of alcohol

An officer can also cite erratic driving behavior, such as swerving in and out of a lane, as indicia of intoxication. Additionally, if you participate in any field sobriety tests at the officer’s request, they may note unsteadiness on your feet or trouble keeping your balance as indications of impairment.

Be aware that an officer cannot legally arrest you based on just a reasonable suspicion. The officer must develop probable cause of a crime being committed to justify an arrest. With that said, arguing with an officer or resisting arrest will only escalate the encounter and may lead to additional charges or complications. If you believe the officer lacked reasonable suspicion for pulling you over or initiating the DUI investigation, try to remain calm and compliant until you can speak to an attorney. 

How Does a DUI Checkpoint Affect Reasonable Suspicion?

A DUI checkpoint alters the standard process of establishing reasonable suspicion by allowing law enforcement officers to stop drivers without observing individualized suspicion of illegal activity. At these checkpoints, officers execute systematic stops that must meet certain legal standards to minimize arbitrary enforcement or even abuse. While traditional traffic stops typically require officers to identify specific behaviors indicative of impairment before initiating an interaction, DUI checkpoints operate under the principles of public safety and deterrence. 

These checkpoints have been found to be constitutional if certain legal standards are met, but they can complicate reasonable suspicion in Oklahoma DUI cases. Officers must still observe behaviors or gather evidence during the stop that may substantiate further investigation or arrest. 

You do have the right to deliberately avoid a DUI checkpoint and can even turn away or around (legally) upon encountering one. However, bear in mind that officers may attempt to claim your U-turn was illegal and stop you on those grounds. 

Challenging Indica of Intoxication

There are potentially many ways to challenge the indicia of intoxication cited by the officer who arrested you. Our attorneys are trained in Standardized Field Sobriety Testing (SFST), and we have several SFST instructors on staff. Our full-time DUI investigator at Hunsucker Legal Group can review all videos, noting where and when the officer deviated from the standardized instructions that are to be followed.

We are prepared to contest many symptoms used to justify reasonable suspicion in Oklahoma DUI cases, including:

• Slurred speech. Factors like fatigue, stress, medical conditions, or even environmental elements like cold weather can impact a person's ability to speak clearly. By demonstrating that slurred speech alone is not definitive evidence of intoxication, we can present a more nuanced assessment of the circumstances.
• Red, bloodshot, and/or glossy eyes. Allergies, illnesses, lack of sleep, or exposure to irritants like smoke or dust can explain such eye conditions without any connection to intoxication. Stress and extended screen time may also contribute to similar effects. Presenting medical records or other evidence that highlights these plausible causes can strengthen the argument against assuming impairment.
• Odor of alcohol. Certain medical conditions, such as diabetes, can produce a smell similar to alcohol on a person’s breath due to the production of ketones. Additionally, some non-alcoholic beverages, mouthwashes, or medications may leave a lingering scent that mimics alcohol. Highlighting these potential causes provides a reasonable basis for questioning the assumption that the odor confirms intoxication.
• Poor balance. Medical conditions like inner ear issues, neurological disorders, or injuries can significantly influence an individual’s balance. The road surface and type of shoe worn can also affect a person’s ability to walk correctly or perform roadside gymnastics tests. During field sobriety tests, stress and anxiety can amplify these challenges, causing individuals to perform poorly even if they are not impaired. Providing medical documentation, expert opinions, or demonstrating the influence of environmental circumstances can help contest the assumption that poor balance directly equates to impairment.

Additionally, the footage from an officer’s body camera or the police vehicle’s dashboard camera may contradict the officer’s testimony with regard to your speech and coordination. If the judge or jury can hear you speaking clearly and observe you performing tasks and/or walking with the balance and coordination of a sober person, then the supposed indicia of intoxication may lose credibility.

If you have questions about the circumstances of your DUI arrest, including whether the officer had sufficiently reasonable suspicion, don’t wait to get legal advice! Contact us online or call (405) 544-2992 to schedule a free consultation today.