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Dui

#1
What is the name of your state (only U.S. law)?

Oklahoma

I was arrested for DUI with suspicion of illegal substance.

I left work @21:00 and was booked and arrested by 22:22 so I'm not exactly sure what time I was pulled over but it was shortly after I left work. I was pulled over for my brake light being out. The cop left checked for warrents annd stuff. Then he had me get out of the car and started asked me questions. He then asked me to do soberity field test. He then handcuffed and I asked if I was under arrest. He replied yes. Then he took me and put me in the cop car and pulled out a blood info card and read directly from it. He specifically told me I was NOT entitled to lawyer before I made my decision. I had not drank or done any drugs that night. I then asked how far back the test goes and he said 1-2 weeks. I had smoked 2 days prior so I refused the blood test. They searched my parents car without permission and then took me to jail.

I guess my question is am I basically screwed for refusing due to be being scared of conviction from my previous use or is any of this helpful for my case.

Thank you
 


quincy

Senior Member
#2
What is the name of your state (only U.S. law)?

Oklahoma

I was arrested for DUI with suspicion of illegal substance.

I left work @21:00 and was booked and arrested by 22:22 so I'm not exactly sure what time I was pulled over but it was shortly after I left work. I was pulled over for my brake light being out. The cop left checked for warrents annd stuff. Then he had me get out of the car and started asked me questions. He then asked me to do soberity field test. He then handcuffed and I asked if I was under arrest. He replied yes. Then he took me and put me in the cop car and pulled out a blood info card and read directly from it. He specifically told me I was NOT entitled to lawyer before I made my decision. I had not drank or done any drugs that night. I then asked how far back the test goes and he said 1-2 weeks. I had smoked 2 days prior so I refused the blood test. They searched my parents car without permission and then took me to jail.

I guess my question is am I basically screwed for refusing due to be being scared of conviction from my previous use or is any of this helpful for my case.

Thank you
Your refusal to test means your driver's license is automatically suspended and can be revoked.

Here is a link to the implied consent law in Oklahoma: https://pay.apps.ok.gov/bot/license/downloads/impliedconsent.pdf

You will want to speak to an attorney in your area for assistance with your defense.

Good luck.
 

HighwayMan

Super Secret Senior Member
#3
If you were arrested and it was your parents' car you were driving then they didn't need permission to search the car. It's called an inventory search and it's standard procedure (and legal).
 

quincy

Senior Member
#4
With luck, nothing illegal was found in the car.

A good defense attorney might be able to get a DUI charge dismissed.