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If it’s so great, why don’t the cops take the breath test?

Recently, another law enforcement officer got arrested for DUI here in Oklahoma. This post isn’t intended to harp on that. What it IS intended to do is to point out that – AGAIN – when one of the government’s own finds himself in this position, he does NOT submit to that “dependable” and “accurate” breath test machine. Why? Google this question. See if you find ANY cop arrested for DUI anywhere that took the government’s breath test. You won’t find any. So, even with those who claim they were innocent of the allegation, why didn’t they take that test? Because they know that it IS NOT accurate OR dependable. That’s why.

Refuse ALL tests. The field tests. The breath test. The blood test. All tests. Period. 

Charles

Charles L. Sifers
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 & 2011 ed(s).

AND

Oklahoma‘s First & ONLY
Regent (retired) for the National College for DUI Defense

Sifers & Sifers, Attorneys at Law
Court Plaza Building, Suite 950
228 Robert S. Kerr
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email –
charles@siferslaw.com
web(s) –
www.oklahomaduilaw.com
www.okla-dui.com
www.dui-help-oklahoma.com
www.oklahoma-dui.com

 youtube video 

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

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This weekend . . .

We have had several workers at our home over the past several months, doing various things. Last week, one of them asked me about this weekend and how he could avoid a DUI and what he should do if he is stopped either while driving or at a roadblock. (Oh, and count it: there are going to be roadblocks this weekend!) To those questions, here is the gist of what I responded to that worker at my home.

To avoid a DUI arrest, either don’t drink any alcohol or don’t drive if you do. Seems like a simple answer, but few people do it. The standards of having a designated driver OR planning to stay where you are (friends house, hotel, etc) OR taking a cab always work. However, you will need to plan something IN ADVANCE of the drinking event and be ready to implement that plan. Otherwise, your changes of getting in the car increase.

And that brings up another topic: in the car. Stay OUT of any vehicle after you have drunk any alcoholic beverage until there is someone CLOSER to the steering wheel than you. Otherwise, you are putting yourself in a position to catch an “Actual Physical Control of a motor vehicle while under the influence of alcohol” (APC) crime. The only difference between THAT and a DUI is that your car isn’t moving. It carries the same punishments and problems.

If you ARE driving this weekend and you are stopped OR if you run into a roadblock, remember a VERY important fact: These cops are looking for people to arrest for DUI . . . .period. If it is after dark this weekend, they’re EXPECTING that you are a candidate for that experience. And, when they are talking to you, they are looking for stuff to justify giving you that experience. Don’t help them. Unless you are Ron White or in a similar condition as he describes (“I had the right to remain silent, but didn’t have the ability”), remember you do NOT have to answer those bullshit questions from Officer Friendly. For example:“Where are you going?” Running errands, whatever. It’s your business.

“Where you been?” Tending to my business, how ’bout you?

“Been drinking tonight?” The answer is always NO, whether you have or not.

There are SOME things you have to do, though. For instance, produce your license and insurance. Have these easy to get to. When you are asked to “step out of the car” OR “pull over there please” (in the roadblock instance), you have to do that, too. Understand, you are at this point about to be asked to, OR told to, do field sobriety tests. Pay attention to the next paragraph.

It will start with “I want to see if you are safe to drive . . . . ” prior to the cop asking you to do these exercises. DO NOT AGREE TO DO THEM. You’re gonna fail them. Guaranteed. After all, the test-giver is the test-grader and if you fail he gets a prize of an arrest. Think you’re gonna pass? Me neither. Politely say that you decline to perform those tests. “If you don’t take them, I am going to have to arrest you” or some other threat is proof that he was planning to arrest you ANYWAY, regardless of your performance. Don’t give him any more opportunity to add more to his report. These tests USED to be inadmissible in our courts, but a recent case changed that. Don’t help him and hurt yourself.

If you ARE arrested, shut up and go quietly with him. At this point, you are going to be asked to take SOME test, either a breath of a blood test. My response for the past 20 years to this question had always been take it and demand a blood test thereafter. However, given the current state of topic, I can no longer give that answer. You have the RIGHT to refuse their chemical test. Use it. Refuse to submit to BOTH the field tests and the breath tests.

If ALL this DOES happen, post bond as soon as they will let you and call our office the next day.

Charles

Charles L. Sifers
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 & 2011eds.

AND

 Oklahoma‘s First & ONLY
Regent (retired) for the National College for DUI Defense
Sifers & Sifers, Attorneys at Law
Court Plaza Building, Suite 950
228 Robert S. Kerr
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email – charles@siferslaw.com
web(s) –
www.oklahomaduilaw.com
www.okla-dui.com
www.dui-help-oklahoma.com
www.oklahoma-dui.com

 

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

  

 

 

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A Good Week for the Clients of Sifers & Sifers Law Office

A pretty good week for our clients.

Monday started the week off slow (as every Monday should!) and we were successful in scoring license revocation modifications (work permits) for two of our clients. Not all that impressive.

But, Tuesday told us the week was going to be a good one. It started with getting the judge to continue a case so our client could finish in-patient treatment (when he does, NO JAIL TIME), even though he is on probation for TWO felony DUI’s and is facing 20 years for a NEW DUI case! Then, it ended with convincing a DA in a different county that he had to charge my client ONLY with a misdemeanor DU, even though he had had MANY previous DUI’s (the last one a felony), AND then closing the case with no jail time and a fine.

Wednesday saw one of clients get a deferred sentence on a felony drug charge (AND a DUI) even though he had had a PRIOR DUI in that same court house less than a year before! At the very same time this was going down, license hearings were being won for two of our clients and each got his drivers license back from the DPS. That same afternoon, we were successful in getting the DA to agree to transfer one of our client’s drug court program to a completely different county (unheard of!) so she can complete this course in the town where she lives.

Thursday was off the charts. Our Bond Motion for a client was granted. This one deserves expansion. The guy was arrested for two felony DUI’s about 3 weeks apart and posted the standard bond for each. When the charges were filed, the DA’s Office went to a judge of the court and requested the bond be increased 50 times! 5000%! He was arrested and jailed with a $200,000 bond for 2 DUI’s!! A different judge of that court agreed with us that this was WHOLLY improper, reduced the bonds BACK to the original amount, and the client was released that day. Then straight from THAT hearing, we were in Federal District Court on a DUI where the U.S. Attorney threw in the towel and amended the DUI to a Reckless Driving with only a fine. No jail. No probation. Just a fine.

Then, to paraphrase a well known book, “on the [fifth day of the week], we rested.”

And, NEXT week’s not looking bad at this point. From what we could gather yesterday, we expect the Jury Trial that is set for Monday to see the DA dismiss the charge that morning.

Like I said at the beginning: A pretty good week for these ten people. Frankly, that’s an understatement. As conceited as it sounds, it was a smart move for these folks to have hired us to handle their cases!

Charles

Charles L. Sifers  

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 ed.

AND

Oklahoma‘s First & ONLY
Regent (retired) for the National College for DUI Defense

Sifers & Sifers, Attorneys at Law
Court Plaza Building, Suite 950
228 Robert S. Kerr
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email – charles@siferslaw.com
web(s) –
www.oklahomaduilaw.com
www.okla-dui.com
www.dui-help-oklahoma.com
www.oklahoma-dui.com 

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

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Holiday Warnings – the next installment, by Charles L. Sifers

The next installment concerning those roadblocks or “sobriety checkpoints” (as the cops are preferring to call them):I was interviewed today by The Daily Oklahoman about this topic. A news story is being prepared and will run in the near future. The reporter was referred to me by a OHP lieutenant who said that I thought these were unconstitutional. So, let me CLARIFY this issue first.

In my last post, I did not state that these were per se unconstitutional (see below). However, the WAY that these are conducted in the majority of cases by law enforcement, the results are, in fact, almost always unconstitutional. Certainly, the Courts have approved these IF conducted in a SPECIFIC manner. When these do NOT comport with these cases’ directives, then the arrests ARE unconstitutional!! And, that is our office’s job to hold law enforcement’s feet to that fire to REQUIRE that these are done in compliance with the law. When they don’t, we will “walk” those defendants out of that court room with NO apologies.

 

REMEMBER: The law can NOT be enforced UNLESS the law is followed while enforcing it.

Now that that is cleared up, on to the next bit of advice:

While you should NEVER agree to submit to a “field sobriety test” (refuse to do these POLITELY), our office advises our clients to submit to a breath test. You might very well pass it OR be BELOW the magic .08% level which would result in the filing of lesser charges than DUI.

Further, if you submit to THEIR test, you can THEN demand a BLOOD test thereafter. And, ALWAYS ask for a blood test after you have taken their breath test. You want a TRUE and ACCURATE result of how much – if any – alcohol might be in your system. Their breath test ain’t gonna give you that. The blood test will. BUT: you can’t have the blood test UNLESS you first submit to their breath test.

More to come . . . . .

 

Charles

Charles L. Sifers


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 ed.

AND

Oklahoma‘s First & ONLY
Regent (retired) for the National College for DUI Defense
Sifers & Sifers, Attorneys at Law
Court Plaza Building, Suite 950
228 Robert S. Kerr
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email – charles@siferslaw.com
web(s) –
www.oklahomaduilaw.com
www.okla-dui.com
www.dui-help-oklahoma.com
www.oklahoma-dui.com“The People should NOT be afraid of the Government. The Government should be afraid of the People”.

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A Holiday Warning by: Charles L. Sifers

It is regretful that this post has to be done. But, given the obsession of our law enforcement people lately (particularly the Oklahoma County Sheriff’s Office), I am compelled to write it.

There seems to be a high priority with this guys to do roadblocks right now. These irritating, and almost always constitutionally illegal, intrusions upon the drivers of our State who have the bad luck to come upon them are becoming more and more frequent. And, for those of you who will have this unpleasant experience, I’ve got a bit of advice. As the holidays unfold, I will post these over the next several days and weeks.

Initially, we start with these:

It is probable that the roadblock will be announced on the news before they occur. Pay attention to these announcements so that you can be on guard for their presence.

When you approach these things, you DO have to stop. You do have to show them your license and insurance. If you have neither, don’t be driving.

Remember that these cops, when they approach you at these stops, are assuming you are doing something wrong or illegal. Therefore, keep your conversations with them to the minimum. DO NOT tell them you have had anything to drink. You do NOT have to answer that question. If they make you drive over to another area, you have to.If they ask you to get out of the car, you have to.

However, if they ask you to do some test to “see if you are ok to drive”, you DO NOT have to. These field sobriety tests are NOT required. They are subjective, unreliable, and designed for failure. In short, they are crap. Refuse to take them.

More to come . . . . . .

Charles

Charles L. Sifers
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 ed.

AND

 Oklahoma‘s First & ONLY
Regent (retired) for the National College for DUI Defense

Sifers & Sifers, Attorneys at Law
Court Plaza Building, Suite 950
228 Robert S. Kerr
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email – charles@siferslaw.com
web(s) –
www.oklahomaduilaw.com
www.okla-dui.com
www.dui-help-oklahoma.com
www.oklahoma-dui.com

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

  

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Ohio’s TOP DUI Cop arrested for . . . . DUI! By Charles L. Sifers

God. A week of irony! Gerald Gibson, an Ohio Trooper named Trooper of the Year in 2002 and honored by Mothers Against Drunk Drivers (“MADD”) in 1997 for his large numbers of DUI arrests, was arrested for DUI last weekend. Click HERE for the story. Irony, yet again.

However, that is NOT the real point to this story. No, the point is this:

When he was arrested, he refused the test. Refused the test. Give some thought to this. Why, if these breath machines are so accurate and dependable, would someone who knows SO MUCH about them, refuse this test?

If you have EVER heard of any government person (cop, DA, legislator, etc, etc) that got arrested for DUI, did you pay any attention to the fact that each of them ALSO refused a test? Google this topic and you’ll see. You’ll find in almost EVERY SINGLE instance where someone like this is arrested for DUI, they will refuse the test.

What does that communicate to you? Is it because they know that they are drunk and do not want the government to have that evidence? Or maybe it was this: they also knows that the machine CAN’T BE TRUSTED and refused to allow the government to use it’s little “toy” to prosecute him.

So, which one is it? Like I said Google the topic. Then ask anyone who knows ANYTHING about breath testing machines whether THEY would take a breath test if THEY were ever arrested. You’ll THEN get the answer to this question.

This is the real story in Trooper Gibson’s arrest.

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Most Ironical DUI arrest for this week by : Charles L. Sifers

I thought my last post was to be TOPPER for a while – at least – for irony.  But, no.  There’s another one.

Another less-than-“sharp” arrestee in Chicago apparently had never heard that you had the right to remain silent.  Zachery Duis announced to the arresting cop that he “did this every night” and then blew almost 4 times the legal limit.

Here’s the story on this:  http://www.chicagobreakingnews.com/2009/11/dui-suspect-to-cops-dude-i-do-this-every-night.html

But the irony isn’t that, is it?  Wait for it:  notice the dude’s last name – “Dui s” – apparently he’s set up to be a repeat offender.  Almost too good.  For DUI stories this week, this is the topper.

Charles

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Breath machine arrested for DUI?

This is a story that demands sharing. An 18 year old man (James Miller) in Ohio was arrested for DUI on Halloween night. Not newsworthy in itself, agreed. However, his attire was.

James was in costume. Again, so what? Well, he was dressed as a Breathalyzer. Yep. His costume was a breath machine. And the “breath tube” was located in a most interesting place. Click HERE for a link on the story from the Smoking Gun.

Irony.  

Charles  

Charles L. Sifers
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 ed.

AND

Oklahoma‘s First & ONLY
Regent (retired) for the National College for DUI Defense

Sifers & Sifers, Attorneys at Law
Court Plaza Building, Suite 950
228 Robert S. Kerr
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email – charles@siferslaw.com
web(s) –
www.oklahomaduilaw.com
www.okla-dui.com
www.dui-help-oklahoma.com
www.oklahoma-dui.com

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

 

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I Wish This Story Surprised Me….

Sunday’s Oklahoman (11/1/2009) had this story: http://newsok.com/oklahoma-city-woman-says-shes-treated-like-trash/article/3413634 which was about a woman in Wewoka, Oklahoma who was arrested for driving under the influence of drugs at 2am at a highway intersection in Seminole county.  While I’m sure this happens frequently (after all 2am is rush hour for drunk drivers apparently) what this story depicts is a common tale in my office – and it could happen to ANYONE.

Driving Under the Influence of Drugs is found under the same statue that you would normally find an alcohol related DUI.  Under it, you can be charged as being under the influence of alcohol or of other intoxicating substances which MAY render you incapable of safely operating a motor vehicle.  The substances that MAY cause a person to be impaired aren’t defined, but you can be charged with the crime nonetheless.  What’s more, in a DUI-Alcohol case there is at least a refusal to test or a breath or blood test that measures, we will not challenge the accuracy of the result here, the blood for a limit to be compared to statue so that a person can be said to be statutorily intoxicated.  In DUI-Drug cases, the rabbit hole even goes deeper for the unfortunate soul.  Not only does the statue not define what the bad drugs are, but it gives no level at which a person can be judged as being impaired.  And finally, you might think that “well, at least when I take their blood test it’ll come back and show that I only had in my system what the doctor prescribed me and the test will prove that I wasn’t impaired” – and you would unfortunately WRONG.  When it comes to testing blood in Oklahoma for other intoxicating substances, the labs will only use their gas chromatography devices to confirm the presence of a drug and its drug type, but not how much there was of it.  So, if you’re playing along at home, yes – this most certainly means that the drugs you might take at the therapeutic level prescribed under a doctor’s care could be used to send you to the county jail for 1 year.

In the news story linked above, the stop was made by a cop who had not been certified as a law enforcement officer.  (He was also later fired for other things, you can read that here: http://newsok.com/arresting-officer-fired-after-wewoka-incident/article/3413645) The woman arrested was accused of having slurred speech, fumbling her documents, having glassy watery eyes, showing a lack of coordination, and failing field tests – blah, blah, blah.  Pretty much exactly the rubber stamp we see in our office on every case.  Every single thing listed above has nothing to do with being unsafe to operate a motor vehicle and each can be explained by the time of the stop and the personal circumstances (officer never having spoken to her – she had been crying on the drive home after seeing her mother) of the person.  Field tests in general are a waste of time because the tests are being graded by the officer who already suspects you of being impaired – if you are asked to take these tests do you really think that you’ll be going home or just giving more fuel to his presumptions?  I would’ve hated to have a professor who began grading his tests with the presumption that everyone in the class was guilty of cheating in some way – probably would have had very few of people who pass those exams huh?

The officer in the story is even quoted as saying that a “Drug Recognition Expert” helped him in determining that she was under the influence of barbiturates – not how much of the drug, just barbiturates.  Thing about that is the DRE program is really not a “expert” program, and the last part of the examination (if they really did it the right  way) calls for the cop to ask the subject what types of drugs they have been taking.  Well, surprise surprise, the lady takes a barbiturate based headache medicine at the direction of her doctor.  The bottom line is that this case is full of “facts” which are made up of the subjective opinions of some officers and the one impartial observer – THE BLOOD TEST – is hamstringed by statue.  Based on the blood test issues we talked about earlier, how will we ever know that what she had in her system was the active part of the drug or the inactive metabolite once her body has processed what she took?  How will we know if she had the amount of nanograms present to be that of abuse or proper therapeutic use?  The short answer is we won’t.  So, I’ll say it again – be sure that you’re careful when the doctor prescribes you something and you don’t feel a thing except normal.  You could be the subject of a news story.

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