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Weatherford Legal Blog

Body weight and time impact BAC

Your Blood Alcohol Concentration may play a very big role in a DUI arrest. If you're over the legal limit of 0.08% BAC, the law assumes that the alcohol impaired your ability to drive.

However, drinking does not impact everyone in the same way. You have to take all sorts of factors into account, such as how much food you ate or how often you drink. You could have the same amount of drinks as a friend and your BAC could exceed the limit, even when theirs does not. Don't ever assume it's identical.

Your DUI conviction could depend on breathalyzer accuracy

Perhaps law enforcement stopped you one evening on suspicion of driving under the influence of alcohol. You submitted to breathalyzer testing, which showed your BAC was over the legal limit.

Your defense team will want to know if the result was accurate. Investigators find that breathalyzer tests are frequently unreliable. That one fact could alter the course of your DUI case.

DUI, refusing the breathalyzer test and a bill called IDEA2

If law enforcement pulls you over on suspicion of driving under the influence of alcohol, the officer has the right to ask you to submit to breathalyzer testing.

If you refuse to take the test, you are guilty of a misdemeanor because of an Oklahoma senate bill known as IDEA2.

Mistaken DUI charges due to diabetic crisis

Medical professionals, especially those who work in the field such as EMTs or paramedics, are familiar with signs of blood sugar problems in people with diabetes. Someone may phone 911 to report a man slumped over behind the wheel of a car in a parking lot. When the ambulance arrives, medics try to wake the man, who responds sluggishly, then becomes combative, with slurred speech and breath that smells like alcohol. The man may be nauseous and unable to walk or make coordinated movements.

Field medics know from experience that the man is more likely having a diabetic emergency than a substance-abuse incident. To a non-medical person, the man appears drunk. After a quick test and the appropriate medical treatment, the man leaves by ambulance for the hospital. A diabetic emergency can be deadly, resulting in coma and then death.

How much does an Oklahoma DUI raise your auto insurance rates?

A drinking and driving charge can impact your life in a variety of ways, and this is particularly true if your driving under the influence charge ultimately leads to a conviction. The penalties associated with drinking and driving in Oklahoma are considerable, potentially leaving you facing jail time, steep fines, license suspensions and other possible repercussions.

While the criminal penalties associated with an Oklahoma DUI are substantial, you may find you face additional financial hardships following your conviction. For example, once you have a DUI on your driving record, you become much more of a liability for insurers, so you can all but guarantee your auto insurance provider will raise your rates significantly; that is, if the insurer continues to cover you at all.

Sobering facts about holiday drunk driving

If your holiday schedule is full of parties, be careful not to drive drunk. Whether you are meeting up with old friends before Thanksgiving, visiting relatives for Christmas or going out to a club on New Year's Eve, it may be tempting to drive after consuming alcohol. But this decision can have drastic consequences for you and others. 

Not only can a drunk driving arrest dampen your mood during the holiday season, but it can come with enormous fines, the suspension of your driver's license, a jail sentence and even harm to yourself or other people. Here are some things to consider about drinking and driving during the holidays. 

Understanding plea bargains

If you face criminal charges in Oklahoma, you likely are nervous about the prospect of going to trial and putting your fate in the hands of a jury. As you attorney may have told you, however, the majority of American criminal cases never get to the trial stage. Instead, defendants may accept a plea bargain. It is possible that the prosecutor may offer you a plea bargain, too.

A plea bargain is an agreement negotiated between the prosecutor who represents the government’s interests and your attorney who represents your interests. Naturally each of them wants to make the best “deal” possible for the side (s)he represents given the circumstances of your case. You, of course, have the ultimate choice as to whether or not you accept whatever bargain they arrive at.

3 things to do after the police arrest you for a DUI

You are well aware that drinking and driving is dangerous behavior. However, you may make bad and illegal choices sometimes. Maybe you get too drunk to fully comprehend what is happening, or your designated driver ends up ditching you.

No matter what leads to you getting behind the wheel while drunk, you may find yourself in handcuffs at the end of the night. Here are some guidelines for what you should do after the police arrest you for driving under the influence of alcohol:

Learning how alcohol affects the body may save you from DUI

The penalties associated with a DUI conviction in the state of Oklahoma are harsh. Still, many people drink and drive and risk arrest by law enforcement.

If you believe you are fine to drive after having a few drinks, you might think better of the idea if you know how alcohol affects your body.

What to avoid if you have a DUI charge

Some people in Oklahoma may not understand how much a DUI charge can ruin their lives. They may feel that a charge is the same as a conviction and there is nothing they can do to get rid of it. As harmful as a criminal charge is, it is not the final verdict in a criminal case. Until there is a conviction, there are ways they may lessen the impact of a DUI charge on their lives. 

Ignoring a DUI charge does not make it disappear. In fact, people risk jail time, fines and losing driving privileges indefinitely. To prevent issues that can make it harder to successfully defend a case, a person should consider avoiding the following things.