When you see the red and blue lights behind you, you probably know you may face legal troubles. While this is a situation most people want to avoid, it happens every day. If you happen to be pulled over and charged with Driving Under the Influence (DUI), taking steps to protect your rights is important.
One of the best ways to do this is by contacting an experienced Miami DUI defense attorney. At Doney Law, we have years of experience providing legal services for those facing DUI charges. We can help establish a solid defense and work to protect your rights throughout the legal process.
Understanding DUI Charges in Miami, Oklahoma
In Miami, Oklahoma, driving under the influence (DUI) is a serious offense with serious legal consequences. The state defines DUI as operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher[1].
However, if your BAC is between 0.05% and 0.08%, you will face Driving While Intoxicated (DWI) charges. While these are not as serious, you still face serious consequences if convicted.
It is important to note that drivers can also face charges if they are under the influence of drugs or medications that impair their ability to drive safely. If you are charged with a DUI, you need to understand the laws in the state to protect your legal rights.
Consequences of a DUI Conviction
A DUI conviction in Miami carries significant penalties, which can include fines, license suspension, mandatory alcohol education programs, and even jail time. The severity of these penalties often depends on factors such as the driver’s BAC level, previous DUI convictions, and whether the incident involved property damage or injury.
Given these potential consequences, it’s essential for anyone facing a DUI charge in Miami to seek the guidance of a qualified DUI defense attorney in Miami, Oklahoma.
The Role of a DUI Defense Attorney
Hiring a DUI defense attorney from Doney Law means you have access to someone who fully understands the laws in the state. They can help you navigate the legal system and understand the charges and potential consequences you face.
We also help with the development of effective and relevant defense strategies.
Potential DUI Defense Strategies
Some of the defense strategies that may apply to your case and situation include:
Challenging the Traffic Stop
A common defense strategy in a DUI case is challenging the legality of the initial traffic stop. A DUI defense attorney may argue that the stop was made without reasonable suspicion or probable cause, which is a violation of the Fourth Amendment rights against unreasonable searches and seizures[2]. If the stop is deemed unlawful, any evidence gathered during the stop, such as field sobriety test results or BAC levels, may be inadmissible in court.
Questioning Sobriety Testing Procedures
Field sobriety tests (FSTs) and chemical tests are commonly used to determine impairment. However, these tests can be flawed. A defense strategy might involve questioning the administration and accuracy of these tests. This can include scrutinizing the officer’s training and conduct during the FSTs, the conditions under which the tests were conducted, and the calibration and maintenance records of breathalyzer devices.
Arguing Against BAC Test Results
Blood Alcohol Content (BAC) testing is a critical component in DUI cases. Defense strategies may focus on the methodology and accuracy of BAC testing. This can involve challenging the timing of the test, as BAC levels can rise over time, questioning the handling and storage of blood samples, and examining the calibration and maintenance of testing equipment.
Negotiating Plea Bargains
Sometimes, negotiating a plea bargain may be a viable defense strategy. An experienced DUI defense attorney might negotiate with prosecutors for reduced charges or alternative sentencing options, such as diversion programs, especially in cases where evidence against the defendant is not strong, or there are mitigating circumstances.
Understanding the Legal Process When Charged with DUI
Facing a DUI arrest can be scary and confusing. Knowing what to expect from the legal process can help in this situation.
Initial Arrest and Booking
When charged with a DUI in Miami, Oklahoma, the process begins with the arrest and booking. During this phase, law enforcement officers will record personal information, take fingerprints, and possibly collect a chemical test sample (blood, breath, or urine) to determine blood alcohol content (BAC). It’s crucial to remain calm and polite, to exercise the right to remain silent, and to request a DUI defense attorney in Miami, Oklahoma.
Arraignment and Plea
The next step is the arraignment, where the charges are formally presented, and the defendant enters a plea (guilty, not guilty, or no contest).
Pre-Trial Motions and Negotiations
Pre-trial motions may involve challenging or suppressing illegal evidence or other legal maneuvers. This stage also offers a chance for the defense attorney to negotiate with the prosecution, possibly reducing charges or reaching a plea deal.
Trial
The prosecution and defense will present their evidence and arguments if the case proceeds to trial. Your defense lawyer will use evidence to create reasonable doubt about your guilt. The trial concludes with a verdict from the judge or jury.
Sentencing
If convicted, the sentencing phase follows. Penalties can range from fines and probation to jail time. We will work to minimize these penalties, advocating for alternatives like rehabilitation programs when applicable.
The Impact of a DUI Conviction
A DUI conviction can have far-reaching consequences beyond legal penalties. It can affect your employment opportunities, insurance rates, and personal relationships. Your Miami criminal defense lawyer from Doney Law understands these ramifications and works to minimize the ????
Seek Legal Assistance When Facing DUI Charges
Facing a DUI charge in Miami, Oklahoma, is a serious matter that requires the expertise of a skilled DUI defense attorney. With the right legal representation, you can navigate the complexities of the legal system, challenge the charges against you, and work towards a favorable resolution. Remember, the decisions you make following a DUI arrest can significantly impact your future, so choose your legal counsel wisely.
By seeking the help of our knowledgeable Miami criminal defense lawyer, you can protect your rights, minimize the consequences of a DUI charge, and move forward with confidence.
Should probably include a section about DUI in Oklahoma is predicate to a felony. If you are to get a subsequent DUI within 10 years of an initial DUI it will be charged as a felony, even if the initial one was a deferred, then each subsequent would have a higher penalty due to them being felonies.
