THE STORY OF LOT: THEY’RE NOT ALL GUILTY . . .

There are far too many people who, when they see or read that someone has been arrested for DUI, will automatically assume – and believe – the person guilty and will demand severe punishment, ALL without the benefit of actually knowing ANY facts of the case.  The simple announcement of the arrest is enough convict.  This is not only legally wrong, but is ALSO both ethically AND morally wrong.  Read on . . .

I have represented literally THOUSANDS of DUI cases in this State.  I have represented at least one DUI case in every district court in Oklahoma.   Many were, without doubt, guilty (including most of those we were, later, able to convince the jury that they WEREN’T!).  In another large percentage of them, the DA had enough evidence to prove them guilty.  But, in a small percentage, they were simply falsely accused; not guilty of the crime for which they were charged.  Oh, to be sure, all the evidence assembled and sent by the arresting agency and officer(s) to the DA sounded like a drunk driver.  But, most of the time in those cases, the TRUTH of this evidence was really nothing more than the officers writing up reports in a manner to justify their arrest; nothing more.

I have seen this repeatedly in my career.  A couple of examples recently occurred in my office.

A young man who hired me insisted that he was NOT drunk or affected by any drug when he was arrested for DUI after his accident.  This is something that I hear VERY often from clients, and most of the time, it is incorrect.  I reviewed the government’s evidence and sure enough: it described a very intoxicated driver in that car wreck.  But his case was different.  He took the blood test at the time of the arrest.  Thank God.  We then had his test independently re-analyzed.   When both test results came back, guess what??  There was NOTHING in his bloodstream. Absolutely nothing.  He was as sober (who knows, maybe MORE so) as the cop who improperly arrested him.  The prosecutor outright dismissed the DUI without any further costs.

The moral(s) of this example?

– Not everything the officer writes in his report is true
– Do not follow the advice of those lawyers who know little about DUI that tell you to REFUSE all chemical tests but, instead ALWAYS take the test the cop requests and THEN demand a blood test, and
– Just because someone is arrested does NOT mean they are guilty.

Another one:  A young mother of 2 was arrested for DUI.  This was NOT her first DUI charge in that same court house.  She too had had a car wreck.  She too insisted that she was NOT drunk.  And, too – you knew it was coming – the officer’s report FULLY supported his claims that she was too impaired to drive and the wreck was caused by her intoxication.  You know: slurred speech, difficulty standing, the standard litany of stuff.  We got a copy of the arrest video.  We filed several motions and argued them to the judge in that court.  During one of these motions, that video was shown to this judge.  This video showed a frightened young woman.  It did NOT show any thing else the copy claimed.   The judge – to no one’s surprise, denied my motion – but the ADA backed off his conviction with some time to do offer and offered a deferred sentence (no conviction and no jail) if she pleaded no contest (no admission of guilt).  Although I strongly suggested that we followed through with trial because I firmly believe she was falsely accused and the jury would see that , she accepted that offer of a no contest plea and the deferred sentence.

Moral(s)?

– Again, not everything the officer writes in his report is true
– Your attorney should ALWAYS try to find any video of you at the arrest, and
– Again, just because there is an arrest does NOT mean they are guilty.

So what does any of the above have to do with Lot in Genesis 18 and 19??  (You can read it HERE if you don’t remember it from Sunday School).  When you read or hear about someone arrested for DUI (AND ESPECIALLY IF YOU EVER END UP ON A JURY FOR A DUI CASE!), remember the story of Lot.  Don’t rain fire and brimstone down on ALL of them until you know whether there are ANY “righteous persons” in the group.  Odds are that there is at least ONE that is “righteous”.  Find him and get him out of the path of the punishment before the fire and brimstone is levied.

Charles L. Sifers
Attorney at Law
401 N. Hudson, 2nd floor
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email –charles@siferslaw.com
web(s) –www.oklahomaduilaw.com
www.dui-help-oklahoma.com
Oklahoma‘s First Attorney Board Certified in DUI Defense by National College for DUI Defense (NCDD) under American Bar Association (ABA) Guidelines
AND
Best Lawyers in America in DUI/DWI Defense Specialty, 2010 thru 2016 ed(s).
AND
Lawyer of the Year, Best Lawyers in America, 2014-2015
AND
Oklahoma‘s First Regent (retired) for the National College for DUI Defense

“The People should NOT be afraid of the Government. The Government should be afraid of the People“.

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The Declaration of Independence: Would YOU have signed it?

The 4th of July.  A day off.  A time to play.  Go to the lake.  Cook out.  Enjoy family and friends.  Get a sun burn.  Shoot off fireworks (if your city will let you!) or at least go watch some.  And, maybe celebrate the actual REASON for the holiday:  The Declaration of Independence.  Have you ever read it?  Here it is.  Take a few minutes and read it and come back.  I’ll wait.

The reason for this holiday is a group of men voted to declare the English colonies located in America free from British rule.  These guys are now thought of as our “Founding Fathers”.  But, back then they were major radicals; nothing like any self-proclaimed “conservative” today.  Indeed, just the opposite.  They were declaring the END of life as the estimated 2.5 million people living in those thirteen colonies knew it.  Certainly, that was good in some ways.  But, you can be equally certain that they were MANY “conservatives” in those colonies who did not want it.  And when they did this, they absolutely GUARANTEED a war with the most powerful country on the planet at that time.

Well, it worked out.  We won.  They established the greatest country in the world.  And as a result, ALL those 56 signors – those “Founding Fathers” or heroes (here’s the list of them) – of that document that was sent to the King have the highest place in our history.

Ever thought about what was at stake for those guys?  These guys were doing pretty good.  Look at their professions.  They were NOT the poor folks of this nation.  They had a BUNCH to lose beyond just their lives.  No one knew for sure how all that was going to turn out when they signed it.  While their actions resulted in a good thing; a FINE thing, they caused a war that destroyed many people’s lives.  Ever wondered what happened to those guys?  Here is what history tells us.   So, while not as a direct result of their signatures on this document, the INDIRECT effect produced no small amount of harm to them and others.  Worth it?  No doubt.  No question.  But again, none of them knew for sure.  It was MAJOR GUTS.  Possibly the most radical act in history.

But, the point to this blog entry is this question:  Would YOU have had the nerve – the guts – to have signed that document?  Ask yourself that question.  Answer it HONESTLY, in light of your life, your responsibilities and commitments to your family, and – like those guys – without knowing WHAT was going to happen OTHER THAN you were about to go to war with the world’s baddest country and they’d likely be looking for YOU?

That’s a tough one, huh?

So, as you pop your firecrackers and eat your hot dogs tomorrow, think about this.  When I did, it put a WHOLE other light on tomorrow.

Charles L. Sifers
Attorney at Law
401 N. Hudson, 2nd floor
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email –charles@siferslaw.com
web(s) –www.oklahomaduilaw.com, www.dui-help-oklahoma.com

Oklahoma‘s First Attorney Board Certified in DUI Defense by National College for DUI Defense (NCDD) under American Bar Association (ABA) Guidelines
AND
Best Lawyers in America in DUI/DWI Defense Specialty, 2010 thru 2015 ed(s).
AND
Lawyer of the Year, Best Lawyers in America, 2014-2015
AND
Oklahoma‘s First Regent (retired) for the National College for DUI Defense

“The People should NOT be afraid of the Government. The Government should be afraid of the People“.

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Good Things Happen When You Announce Ready for Trial

Last Thursday, I had a DUI Bench trial scheduled to be tried.  This was the first of the several DUI trials for my office set for the remainder of this year.   This case was not my client’s first.  He had had a couple of DUI’s prior to this one.  As a result, the DA was not willing to negotiate without a conviction of the offense.  So, we set if for trial.

The officer’s report stated the standard stuff.  However, the video did NOT confirm a lot of what was alleged in the report.  In fact, the client, in MY opinion, looked pretty normal.  No unsteadiness or slurred speech, as alleged in the report.  No bad driving.  He did NOT, however, do too well on the field tests.  But, under the influence beyond a reasonable doubt?  We believed no fact finder could come to that conclusion.

Prior to trial, I arrived earlier and met one last time with the DA.  (Actually two DA’s – he had brought in a helper)  I showed him that, under the law, the OTHER 3 charges in the Information could NOT be charged against him under the circumstances of the stop, arrest, and the expected testimony of his cop.  To their credit, they agreed to dismiss those, leaving only the DUI.  So, I went over tot he court room to wait for my client and to do the trial on the DUI.

Not more than 10 minutes past, and one of these DA’s showed up and requested that I meet with them again.  I did.  At this point, they conceded that a DUI might not be sustainable in trial.  But, they thought a Driving While Impaired (DWI) might be.   They offered to dismiss the DUI and amend the Information to a DWI.  If my client would not go to trial and plead to this lesser charge, they would offer a deferred sentence (probation that results in a dismissal of the charge) and a $50 fine.

A slight diversion here:  A DWI is a lesser charge.  It is charged when the person is impaired or affected by the alcohol he had drunk.  Usually, it is a breath test of .06% or .07%.  It is often the crime that a jury will find a client guilty of when the evidence doesn’t quite reach being “under the influence” and the person still shows SOME effect from his drinking, like, for instance, my client’s less-than-perfect performance on the field tests.  So, it is a much lower amount of evidence to reach a guilty verdict for a DWI.  And in truth, while a fact finder in this case likely would have found my client NOT GUILTY of DUI, the judge could HAVE, most certainly, found him guilty of DWI.

I presented the offer to the client.  I explained that the result would be that all four charges would end up being dismissed.  No jail.  No conviction(s) of anything.  He accepted the offer.

Result?  No conviction of any of the charges.  And, without a trial.

Moral of the story is this:  Good things happen while you announce ready for trial.

Post Script:  The following day, I receipt the email below from the client (edited to protect his identity):

Hey Charles,
Thank you for the work and everything you have done the past months. You’re knowledge of the law is unreal.  I owe you a lot.  You are one in a million.

This means a lot to me.

Charles L. Sifers
Attorney at Law
401 N. Hudson, 2nd floor
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email –charles@siferslaw.com
web(s) – www.oklahomaduilaw.com
www.dui-help-oklahoma.com

Oklahoma‘s First Attorney Board Certified
in DUI Defense by National College for DUI Defense
(NCDD) under American Bar Association (ABA) Guidelines
AND
Best Lawyers in America in DUI/DWI Defense Specialty, 2010 thru 2015 ed(s).
AND
Lawyer of the Year, Best Lawyers in America, 2014-2015
AND
Oklahoma‘s First Regent (retired) for the National College for DUI Defense

“The People should NOT be afraid of the Government. The Government should be afraid of the People“.

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The Circus: Another Proposed Bill That Needs to Fail

The Gazette Newspaper recently had an editorial that was entitled something like “the same circus with a new set of clowns”.  This editorial expounded upon the crop of new legislators and the clownish new bills that some of them are proposing.  Clowns in the circus:  really on point.  We addressed one of these new proposed bills earlier in the month in this blog.  But, we’ve got another worthy of attention:  House Bill 1659 introduced last Thursday, January 22, 2015.

But, before I go on, I must ask, while some of these guys might actually have Bar Numbers with the OBA, does anybody ever really READ these things – like a lawyer – before submitting them??  Anyway . . . ,

Click HERE to read this.  The underlined part toward the end of it is the change at issue.  Go ahead.  I’ll wait.

Okay, seems fine, right?  Yeah, as long as it stays away from YOU or someone you love.  Let’s look at this:

1.  If you are involved in a wreck where someone immediately dies – wait: stop there – dies at the scene?  On the way to the hospital?  Once he gets to the hospital?  Who calling the time of death?

2.  This amendment would require you to submit to a breath or a blood test – taken to a hospital and have blood drawn from you to see what’s in there even though nothing you did contributed to this wreck, adding even MORE stress and trauma to you after being in what would likely be a pretty bad wreck – without ever being arrested.

3.  Moreover, the language is SHALL SUBMIT to the test.  Does this mean that you CAN’T refuse?  I read it that it means just that.   AND I can assure you, most cops and DA’s will read it that way, too .  So, if you try to refuse, they will FORCE you to submit to a blood test.  Hold you down and bleed you?  All for nothing that you may have contributed to.

4.  You do not have to have caused the wreck; just be involved.  So, let’s play with this:  A car stops in front of you, you stop without hitting him, but the guy behind you crashes into your rear pushing you into the car in front of you.  The guy behind has a person  – who is not wearing his seatbelt –  thrown from his car and he is killed.  YOU have to have a blood test??  That’s what this means.

5.  The test result “shall be admissible” at trial. Trial of what?  The civil negligence action filed by the family of the dead person?  The criminal action?  What criminal action?  Doesn’t have to comply with the OTHER laws and Rules related to breath or blood testing?  That’s right.

6.  And, what is really the purpose of this? To charge more DUI’s?  Can’t be anything else.  But, in doing so, it is doing surgery with a sledge hammer instead of a scalpel.  It potentially puts a large group of people in the path of this unnecessary procedure for nothing.

Really makes great sense huh?

Further, if you fail to submit, your license is revoked.  No, it doesn’t say REFUSE to submit.  It says FAILS to submit.  Let’s look at this part of it for a second:

1.  Same scenario as above.  The wreck occurs with the immediate death.  You’re hurt and go to the ER.  Nobody asks you to take a breath or a blood test ‘cause they’re WAY too busy taking care of you.  Your name is on the accident reports that are forwarded to the Department of Public Safety.  They revoke your license?  Sure, why not?  There is evidence you were “involved” in an accident with an immediate death and you “failed” to submit to a test.  Look for it coming to a driving record near you.

2.  And, what if the officer never bothers to request this test?  Is it YOUR burden to request it so that you are NOT revoked for “failing to submit”?

This is ANOTHER one that should NEVER be passed.

Charles L. Sifers
Attorney at Law
401 N. Hudson, 2nd floor
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email –charles@siferslaw.com
web(s) –www.okla-dui.com
www.dui-help-oklahoma.com

Oklahoma‘s First Attorney Board Certified
in DUI Defense by National College for DUI Defense
(NCDD) under American Bar Association (ABA) Guidelines
AND
Best Lawyers in America in DUI/DWI Defense Specialty, 2010 thru 2015 ed(s).
AND
Lawyer of the Year, Best Lawyers in America, 2014-2015
AND
Oklahoma‘s First Regent (retired) for the National College for DUI Defense
“The People should NOT be afraid of the Government. The Government should be afraid of the People“.

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An email I received about Last Night’s News Story . . . .

Today, I have had several people comment to me about last night’s story on KFOR about the pending Bill (see my earlier blog post) to make convicted DUI offenders carry an “alcohol restricted” license prohibiting them from buying or drinking any alcohol AND to make the rest of US in Oklahoma insure that they don’t by charging us with a FELONY when we fail to do so.  Mostly, though, the comments have been about the same type of comment that I received after most other news stories that I have done in the past.  You know, general compliments and/or generally agreeing with whatever I was being interviewed about.  Many just said stuff like  “Saw you on TV last night.”   However, today, I received a comment that was different.  I received a copy of an email that had been sent by a fellow Oklahoman to the State Senator that wrote this Bill.   The email itself was an exact copy of that he sent Senator Anderson.  In this email the sender called for Senator Anderson to worry more about the militarization of all of our law enforcement departments and less about letting a DUI offender buy a beer.  And, he asked the senator to as our representative, to defend our remaining freedoms rather than remove them.  Strong stuff.  I agree with him.  And I appreciate him sending it to me.

But, while I have received many recognitions (both locally and nationally and that you can read about elsewhere) for my professional efforts and achievements, this email ALSO contained probably the highest compliment I have ever received.  You see, while the email was the same as he sent Anderson, the SUBJECT line of the email copy he addressed to me read:

 THANK YOU FOR DEFENDING OUR FREEDOM.

Wow.  That was humbling.

So, to that man that sent this to me, here is something for you:

If you don’t fight for freedom, you give it away without protest.  Stand free or kneel chained.

 

Charles L. Sifers
Attorney at Law
401 N. Hudson, 2nd floor
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email –charles@siferslaw.com
web(s) –www.okla-dui.com
www.dui-help-oklahoma.com

Oklahoma‘s First Attorney Board Certified
in DUI Defense by National College for DUI Defense
(NCDD) under American Bar Association (ABA) Guidelines
AND
Best Lawyers in America in DUI/DWI Defense Specialty, 2010 thru 2015 ed(s).
AND
Lawyer of the Year, Best Lawyers in America, 2014-2015
AND
Oklahoma‘s First Regent (retired) for the National College for DUI Defense
“The People should NOT be afraid of the Government. The Government should be afraid of the People“.

 

 

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A Scarlett Letter; and YOU are to Enforce it

There is a Bill pending in the Oklahoma Senate (SB 30) which would allow a judge to order the Department of Public Safety to place the words “Alcohol Restricted” across the top of the drivers license of any person convicted of DUI or APC.  This is nothing but a “scarlet letter” like in Pilgrim times.  The Bill would make it a violation of the court’s order for the person to purchase any form of alcoholic beverage.  Further, and to make sure they don’t, it would make it a felony for ANY person to sell, distribute or EVEN give this person any alcoholic beverage!  In other words, the COMMUNITY must make sure that the DUI convicted person doesn’t drink under penalty of  facing a FELONY! That would mean YOU if you handed a person a drink or beer at a party, too.  What to you think of that?  Click HERE and view the story on it from KFOR’s January 5, 2015 news.

 

Charles L. Sifers
Attorney at Law
401 N. Hudson, 2nd floor
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email –charles@siferslaw.com
web(s) –www.okla-dui.com
www.dui-help-oklahoma.com

Oklahoma‘s First Attorney Board Certified
in DUI Defense by National College for DUI Defense
(NCDD) under American Bar Association (ABA) Guidelines
AND
Best Lawyers in America in DUI/DWI Defense Specialty, 2010 thru 2015 ed(s).
AND
Lawyer of the Year, Best Lawyers in America, 2014-2015
AND
Oklahoma‘s First Regent (retired) for the National College for DUI Defense
“The People should NOT be afraid of the Government. The Government should be afraid of the People“.

 

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Helpful Tips from the Police? Watch out.

On the front page of the Oklahoman on December 27th, there was a story about a pamphlet that the Oklahoma City Police Department had designed and was making available for the public.  It was intended to answer questions about what to expect – and how you should act – if you were stopped by a cop.  It can be found on OKC’s web page.  Click HERE and read it and THEN come back.  I’ll wait.

Back?  Okay.  See any problems with any of this?  I sure do.

While it starts out generally just fine and instructive, it goes down hill toward the end.  Note the tip concerning DUI.  Here it is:

[If] You’re suspected of driving under the influence – An officer may ask you to take a field sobriety test to determine if you’re impaired.
You can refuse the test, but the officer must treat it as a failed test.

Tries to convince you to take their field test, doesn’t it?

THIS STATEMENT IS SIMPLY NOT TRUE.

First, field tests DO NOT determine if a person is impaired.  The ORIGINAL developer of these tests (Dr. Marceline Burns) admitted that in a deposition done by an attorney friend of mine in California (Bruce Kapsack) well over 15 years ago.  They were designed to determine alcohol levels in the person, AND all of our statutes and caselaw PROHIBITS the government from using these tests as evidence of any alcohol level!  NOTHING in the law requires a cop to treat a refused field test as a FAILIED field test!!!  This is beyond untrue.  I can only interpret that sentence as an attempt to persuade you to waive your right to refuse this parlor game suggested by an officer, so that he can use it against you.

Does refusing a field test give the officer ANY further information to develop probable cause to arrest you?  Of course not.  How could it?  Consider the following example of the type of exchange(s) from dozens of cross examinations by me (or my son Jeff when he was practicing with me):

Q  You did not have enough information to come of the opinion that my client was under the influence prior to asking him to take your field test, right?

A  Yes

Q  So at that point you did not have probable cause to arrest him?

A  Correct

Q  So, you asked him to do some field tests to – maybe – come up with more information to see if there was probable cause to arrest?

A  Yes

Q  He refused?

A  Yes

Q  And you THEN arrested him for DUI?

A  Yes

Q  Exactly what ADDITIONAL information did his refusing to do the field test give you to determine that he was under the influence?

A  Well, none I guess.

Q  SO, you had the SAME amount of “probable cause” – which was not enough – to arrest him AFTER he refused the field test as you did BEFORE you asked him, huh?

A  (no answer)

Without probable cause, any arrest for DUI is illegal!

There’s more.  Look at that part about if they stop you on the street:

Police have authority to pat search you for weapons. This is for their safety and the community’s protection.

 Good Lord.  No, they don’t.  A pat search is ONLY permitted if an officer has reasonable – and that can be articulated – suspicion that a crime may be being committed.  They can’t just walk up and down the street searching everybody.

And, how about that part under the “Q & A” section?

Do I have to answer questions from police?
Not if your answers could be used against you. However, officers are generally suspicious of  those who don’t answer questions. Answering questions is the quickest way to resolve issues.

Or in other words:  Assert that right to remain silent, and it won’t go easy for you.  Says the same thing.  Remember:  you have the right to remain silent.  Use it.

Charles L. Sifers
Attorney at Law
401 N. Hudson, 2nd floor
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email –charles@siferslaw.com
web(s) –www.okla-dui.com
www.dui-help-oklahoma.com

Oklahoma‘s First Attorney Board Certified
in DUI Defense by National College for DUI Defense
(NCDD) under American Bar Association (ABA) Guidelines
AND
Best Lawyers in America in DUI/DWI Defense Specialty, 2010 thru 2015 ed(s).
AND
Lawyer of the Year, Best Lawyers in America, 2014-2015
AND
Oklahoma‘s First Regent (retired) for the National College for DUI Defense
“The People should NOT be afraid of the Government. The Government should be afraid of the People“.

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Do’s and Don’ts this Holiday Season

I have been requested by a friend to post a few “do’s and don’t’s” for this holiday season to avoid a DUI or APC.  So, while not intended to be legal advice, what follows are some common-sense suggestions.

First, let’s clear the air of the obvious.  If you do not drink any alcoholic beverage (that includes beer) and get in a car, you can’t EVER be arrested for DUI or APC.  But, not so obvious, is taking drugs prior to getting in a car, particularly prescribed medication.  Just because you have a prescription for a drug, that is NOT an exemption for a charge of DUI-Drugs.  Thanks to the recent change in DUI law, the presence of any drug in your blood that could impair you (it doesn’t matter whether it actually IS impairing you when you encounter a cop) will get you charged with a DUI!  So, check what you might be taking (even if the doctor said to) and treat it like it was Jack Daniels or Southern Comfort when you are around a vehicle.  The cops will.

Second, if you DO drink anything during this holiday season, always make sure that someone else is closer to the steering wheel in any car in which you might be.  If you have been drinking and are in a car (particularly the front seat), you can be facing a crime of Actual Physical Control (APC) which carries ALL the punishments and problems of a DUI. 

Third, have a plan.  Safest bet to avoid a DUI or APC if you do have something to drink?  Get a room and stay over. Have a designated driver. BUT . . . , get out of the car when he gets out of the car.  Don’t stay in it by yourself.  See “Second” above.  

Fourth, and understand:   While I do not encourage or endorse doing it, it is NOT illegal (if you are 21 years old or more) to drink and then to drive a vehicle thereafter.  Nope, it is NOT.  The law in Oklahoma actually CONTEMPLATES a person to have some alcohol in his system when driving.  Check the statute HERE (see section (A)(1)).  It is only when he has MORE than .05% that it is illegal OR if you are actually impaired by that which you drank.  So, it is NOT an illegal act to drink and drive; no matter WHAT some folks want to believe.  It is, in fact, a LEGAL ACT. However, it might not be wise to try to “stay under” that level.  The problem is that NO ONE can accurately predict how much you have to drink to get to – or stay under – any particular level.  Going by how you “feel” after you drink something is an invitation to problems.  So, again, see the paragraphs above.

However, what do you do if you encounter the “ENDUI” monster and get stopped and are – and you will be if the cop smells ANYTHING akin to an alcoholic beverage coming from you car – suspected of DUI?  Here you go.  This is what I would want my clients to do

First, be polite. If being yourself is being a smart-ass; be somebody else.  It is already going downhill when you are stopped. Don’t make it worse.  Give him your license and insurance and keep you conversations to a minimum.

Second, decline (POLITELY!) the opportunity to do ANY test – AND THIS IS IMPORTANT – in the FIELD.  That includes any field test like walking a line or “following his pen” or blowing into ANY machine in or at his cop car.  As a general rule, if you are being asked to do a “field test” or to blow into a hand held device at the point of being stopped, the cop already is planning to arrest you.  Don’t give him anymore evidence. 

Third, if you ARE arrested, you will be asked to take a test, and likely a breath test.  The cop will read you something about taking the test and the last line is “Will you take the State’s Test”?   That test will be given to you at the police station, AND NOT IN THE FIELD AT YOUR CAR.  I tell my clients to take it.  Why? I have had far more success in keeping a failed breath test out of evidence than a refused test.  Plus, you might just PASS IT!  If you don’t take it, you will DEFINITELY be booked in jail for DUI or APC.  However, always ask to have a blood test after you take that breath test.  You have that right.  And, that can be very smart.  I presently have a case pending where the person had more than a .15% on a breath test and then he had a blood test at the local hospital.  That blood test result from the hospital was .00%!!

 Fourth, if you don’t avoid a DUI or APC arrest this holiday, call me the next day.

Charles L. Sifers
Attorney at Law
401 N. Hudson, 2nd floor
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email –charles@siferslaw.com
web(s) –www.okla-dui.com
www.dui-help-oklahoma.com

Oklahoma‘s First Attorney Board Certified
in DUI Defense by National College for DUI Defense
(NCDD) under American Bar Association (ABA) Guidelines
AND
Best Lawyers in America in DUI/DWI Defense Specialty, 2010 thru 2015 ed(s).
AND
Lawyer of the Year, Best Lawyers in America, 2014-2015
AND
Oklahoma‘s First Regent (retired) for the National College for DUI Defense
“The People should NOT be afraid of the Government. The Government should be afraid of the People“.

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CASE DISMISSED: A Follow-Up

While I have heard from many persons pleased with hearing that a ADA would take into consideration things that I might show him about a case, as well as, efforts my client took to address any problem related to it (AND not just the bare facts from an arrest) as to what to do in a criminal case, I have had some people find this outcome and result objectionable.  I regret that.  Certainly, it was an unusual situation.  But, the ADA here is an honorable man who approaches his assignment to account for ALL factors in a case.  He truly is interested in JUSTICE in a case, not just to get a conviction or a “win” for his side.  He could teach some other lawyers – both prosecutors or defense attorneys – how to approach the practice of law and how to be an “honorable opponent”. 

Charles L. Sifers

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CASE DISMISSED!

Not a bad outcome in Noble County District Court last week . . ..  Client with a CDL had DUI there.  He took a test and had a test result of WAY over the .08% minimum level.  However, the test is inadmissible because the maintenance on the machine was not done in accordance with the Rules AND recent caselaw.  He was proactive and completed an assessment and all of the requirements therefrom.  I presented proof of his efforts to the ADA.  I showed the ADA the problem with the breath test.  To his credit as a reasonable and honorable prosecutor, he took all this into consideration and (to my surprise), he dismissed the case in open court.  This means that my client’s CDL did NOT end up being disqualified.  When his license hearing is conducted, the revocation due to the test will be set aside.  His livelihood is, and will be, protected.  He was more than pleased.

Charles L. Sifers
Attorney at Law
401 N. Hudson, 2nd floor
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email –charles@siferslaw.com
web(s) –www.okla-dui.com
www.dui-help-oklahoma.com

Oklahoma‘s First Attorney Board Certified
in DUI Defense by National College for DUI Defense
(NCDD) under American Bar Association (ABA) Guidelines
AND
Best Lawyers in America in DUI/DWI Defense Specialty, 2010 thru 2015 ed(s).
AND
Lawyer of the Year, Best Lawyers in America, 2014-2015
AND
Oklahoma‘s First Regent (retired) for the National College for DUI Defense

“The People should NOT be afraid of the Government. The Government should be afraid of the People“.

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