Attorney Angela Singleton - Oklahoma City Criminal Defense

What Happens After Someone Is Pulled Over On Suspicion Of DUI?

Pulled Over for Oklahoma DUI

When a person is pulled over on suspicion of DUI, it is usually prompted by a minor traffic infraction, such as crossing the centerline, crossing the fog line, speeding, or going too far below the speed limit. Once the officer has stopped you, they’ll approach you just like any other traffic stop, except they will be looking for what they’ve been trained to identify as indicators of drug or alcohol intoxication. They are looking for bloodshot eyes, slurred speech, or the smell of alcohol. One of the things that law enforcement likes to do is ask if you’ve been out drinking, or ask where you are coming from. Those aren’t questions that you want to answer. Simply tell them that you are not going to answer questions like that without an attorney present. They don’t need to know where you’re coming from and they don’t need to know whether or not you’re drinking. They’re not trying to be friendly; they’re trying to gather evidence against you.

Are Roadside Breathalyzer And Field Sobriety Tests Admissible In Court?

Any of these tests are admissible in court as long as they are done within proper procedures. There are different types of field sobriety tests, and there are roadside breath tests. Roadside breath tests are typically something that an officer purchases on their own and uses as a quick indicator of whether or not they want to do further testing. First and foremost, you are not required by law to take any sort of roadside breath tests. You should absolutely not take those tests.

There are lots of different types of field sobriety tests, but only three standardized ones, which are the Horizontal Gaze Nystagmus (HGN) test, the Walk and Turn test, and the One Leg Stand. The HGN test is a test where the officer will hold up some sort of stimulus and have you follow that back and forth with only your eyes. The officer will move it back and forth across your field of vision, and then up and down across your field of vision. They’re looking for specific movements in your eyes at different points along the tests.

The next one is the Walk and Turn test. During this test, they’ll have you walk a real or imaginary line heel-to-toe. Then they’ll have you do a specific type of turn and walk back to them. They are looking for whether or not you lose balance, whether or not you’ve taken the right number of steps, whether you’ve done the heel-to-toe, and whether or not you’ve done the turn correctly as they described to you.

The other test is the One-Legged Stand test. This is simply standing on one leg, and holding the other leg about 10 inches off of the ground. They’ll have you count to a certain number at a certain rate, (usually one, one-thousand, two, one-thousand etc.). What they are looking for here is balance, and whether or not you are saying the numbers in the correct order and at an appropriate speed. If you are counting really fast or really slow, they are going to take notice of it. The most important thing to remember is that you’re not required to take field sobriety tests. In fact, you should not take them. There may be several reasons why you would show signs of intoxication during these tests that have nothing to do with whether or not you are actually intoxicated. So you shouldn’t take them. You also shouldn’t let an officer try to convince you that you are required to take the test, or try to scare you into taking the tests. Even if the officer says, “If you pass these, I’ll let you go,” you should just refuse, and tell the officer that you’re not going to participate in any field sobriety tests.

Can Someone Bond Out Of Jail On A DUI Offense in OK?

If you are arrested for a DUI, you are in police custody and not allowed to leave. They’ll take you to the county or city jail that’s closest to you and process you into that jail. Once that occurs, you can post a bond for a DUI. You can either post a cash bond yourself for the full amount of the bond, or you can hire a bondsman and pay them a fee to post the bond for you. Usually, it’s about 10% of the bond amount. Once you get booked into jail without a bondsman or without posting a bond yourself, you’re going to stay in jail until you’re arraigned by a judge, and possibly until the disposition of your case.

For more information on DUI Charges In Oklahoma, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 203-9127 today.