If pulled over on suspicion of drunk driving in Oklahoma City, you will likely face a preliminary breath test and field sobriety tests. These methods are used to justify DUI arrests but are vulnerable to inaccuracies, potentially impacting your case negatively.
The Oklahoma DUI defense lawyers from Fabian & Young, has over 50 years of experience successfully defending clients against drunk driving charges, including those who refused or failed a sobriety test. We provide defendants in Oklahoma City with round-the-clock legal support and offer free initial consultations.
Essential Information On Field Sobriety Tests
These are standardized physical and cognitive tests used by law enforcement to assess impairment. The three primary tests recognized by the National Highway Traffic Safety Administration (NHTSA) are:
- Horizontal gaze nystagmus (HGN): Officers look for involuntary jerking of the eyes as the driver visually tracks a moving object.
- Walk-and-turn: The subject must walk heel-to-toe in a straight line, turn around and return.
- One-leg stand: The motorist must stand on one leg for 30 seconds without losing balance.
While these tests are widely used, they have significant limitations due to factors such as:
- Medical conditions
- Age and physical fitness
- Nervousness or anxiety
- Environmental conditions
- Improper test administration
With so much at stake, having an experienced DUI defense attorney is a wise legal strategy.
Are Field Sobriety Tests Mandatory In Oklahoma?
You are not legally required to perform field sobriety tests in Oklahoma, but refusing does carry consequences. You could lose your driving privileges and face criminal charges. Weigh your situation carefully during the incident when deciding whether to consent or refuse testing.
Challenging Field Sobriety Tests In Court
We have extensive experience helping Oklahomans defend themselves before the court. We scrutinize every step of the testing process, including:
- Officer training and qualifications
- Proper test instructions and demonstration
- Potential environmental factors (nearby chemicals or fumes)
- Medical conditions that could have influenced test results
- Adherence to standardized testing procedures
By identifying procedural errors or external factors that could have affected your test performance, we may succeed in raising doubt on their validity, potentially strengthening your defense.
Breath Tests
Breathalyzers measure a driver’s blood alcohol concentration (BAC). Under state implied consent laws, refusing a breath test can result in an automatic license suspension. Again, that does not mean breathalyzer results are always accurate. Their performance can be affected by:
- Medical conditions
- Recent alcohol consumption
- Certain diets or medications
- Environmental factors
- Improper device calibration or maintenance
- Operator error
Oklahoma’s implied consent law means that refusing a breath test can result in an automatic license suspension for up to three years. However, there may be circumstances where refusing the test is in your best interest.
Challenging Breath Test Results In Court
We have a proven track record of successfully challenging breath test results. Our approach includes:
- Scrutinizing the maintenance and calibration records of the testing device
- Examining the qualifications and training of the test administrator
- Investigating the chain of custody for test samples
- Analyzing the specific circumstances of your test administration
- Consulting with expert witnesses when necessary
We rely on our extensive knowledge and experience to identify procedural errors or rights’ violations that could lead to reduced charges or case dismissal.
Why Work With Fabian & Young?
Led by Stephen Fabian, a former police officer who helped shape Oklahoma DUI laws, we can provide a skilled defense through our deep understanding of both sides in a DUI case.
We are qualified by the National Highway Traffic Safety Administration (NHTSA) to administer field sobriety tests in Oklahoma. Our lawyers have also taught Standardized Field Sobriety Test (SFST) procedures in police training schools. This deep immersion in all aspects of DUI testing allows us to identify improper methods, potentially leading to dismissed charges or reduced penalties.
As your legal representative, you are getting:
- Firsthand knowledge and experience in challenging sobriety tests
- A team that has influenced Oklahoma DUI law
- 24/7 availability for your urgent legal needs
- A proven track record of successful DUI defenses
- Attorneys who understand the science behind impairment testing
- Aggressive representation focused on protecting your rights and future
Our team successfully defends those from all walks of life, including doctors, pilots, nurses, CEOs and commercial drivers. We understand the unique challenges these cases present.
Thorough And Personalized Legal Approach
During this challenging time, evidence can disappear, witnesses’ memories fade and important deadlines expire. Contact us at 405-232-4384 in Oklahoma City to schedule a free, no-risk consultation. Your lawyer will review your case, explain your legal options and start building your defense strategy right away.