What Generally Happens At The Scene Of A Drunk Driving Accident?
Under Oklahoma law, no police officer can arrest you for a misdemeanor unless that misdemeanor happens in his presence. There are exceptions to that rule and one of the exceptions is an accident in which DUI is suspected. You may be placed under arrest if an officer believes that you have been involved in an accident as a result of the DUI. Now, whenever they get to the scene, they’re going to investigate just as they would in a typical traffic stop. They’re going to look for their typical signs of intoxication. They may or may not perform the roadside tests, the standard field sobriety tests. But the officer is going to gather any evidence available until they believe they have probable cause to make an arrest for DUI.
Can The Driver Refuse A Breath Or Blood Test In The Event Of A Drunk Driving Accident?
The only time that a driver cannot refuse a test is when a drunk driving accident results in great bodily injury or death, then the statute requires an automatic blood test.
Are Blood Tests Automatically Administered If The Driver Is Unconscious After An Accident?
Under implied consent, an officer can’t do any sort of testing without having read you the implied consent and gotten some sort of a reply from you. That can be either a verbal reply or a non-verbal nod. You have to indicate to them whether or not you are going to take the test. If somebody is unconscious, then they cannot consent or refuse to test. Unless we’re in the situation because there’s been an accident with serious bodily injury or death where an automatic blood draw occurs by law, then law enforcement needs to get some reply from you before ant test can be performed.
What Happens If Someone Suffers Bodily Injury As A Result Of a Drunk Driving Accident?
There is a specific charge for DUI with great bodily injury as a result of a drunk driving accident, and that is a felony charge which can result in a sentence up to 20 years in prison. A drunk driving accident that results in the death of a person can result in a manslaughter charge that carries up to life in prison.
Can Enhanced Or Aggravated DUI Charges Ever Be Reduced In Oklahoma?
Typically, enhanced (felony) or aggravated DUI charges are not reduced in Oklahoma. What is available whenever some serious charge is filed is what we call a Deferred Sentence. A prosecutor may agree to set off sentencing for a period and let you do certain things that have been agreed to, such as probation, treatment, or community service; then at the end of the period, the case would be dismissed. However, a reduced charge is something that can be negotiated. And since every case and person is different, it may be something that could be worked out by an attorney who understands your needs.
Is it barred from being reduced down to a misdemeanor or some other charge? The answer is not no, but in my experience it is rare. However, it is not outside the realm of possibility. Every case and every person is different. Your circumstances may merit having your case reduced to a misdemeanor. The key is hiring an attorney who will represent your individual needs.
How Do You Console Clients That Feel Hopeless Due To This Dire Situation?
What I tell everybody who is facing criminal charges is there is no situation that is hopeless. There are always things that we can do, whether it be getting ahead of an issue or a problem and presenting that to the prosecutor or fighting legal issues. There are always places in which a defense attorney can help you and find hope in your situation. No situation is hopeless, whether it be a DUI, a traffic ticket or a first-degree murder. There are always things that a defense attorney can do to fight for you.
For more information on Drunk Driving Accidents In Oklahoma, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 748-8771 today.