Tiffany N. Graves
427 S. Boston Ave.
Tulsa, OK 74103
Know Your Rights
As a defendant, you may not understand the intricate process of DUI prosecution in Oklahoma. Even your legal counsel may not be fully knowledgeable about DUI prosecution. This leads to an increased number of convictions and penalties that may not be entirely fair or proper according to the actual law on Oklahoma traffic stops. That is not to say that their legal counsel is not qualified. However, having the representation of a qualified, knowledgeable DUI attorney who is a licensed attorney is the biggest advantage that you can have in the courtroom. The The Law Office of Tiffany N. Graves, PLLC offers the experience needed for your case.
One of your rights as a DUI suspect in Tulsa and Tulsa County is the right to be asked all relevant questions in the police officer’s initial establishment of probable cause. Establishing probable cause prior to the conduction of field sobriety testing is a critical point. If an officer pulls you over because of erratic driving or other minor infractions and then suspects you are under the influence of drugs or alcohol, the officer can question you about where you have been, whether you have been drinking, and how much you have had to drink. However, officers frequently fail to make accurate decisions about a driver’s inebriation with the first simple question: “Have you had anything to drink today?” This question obviously does not tell the whole story about the person’s current blood alcohol levels. Further, you do not have to answer any questions designed to establish probable cause for a DUI arrest. You should politely cooperate with requests for identification and courteously decline to answer any questions without the advice or presence of legal counsel. In the event of an arrest on the suspicion of DUI, maintaining your right to remain silent means that you have not provided prosecutors with any statements to use against you later in court nor have you admitted any guilt.
Oklahoma, like most states, utilizes the “Implied Consent Law.” If you refuse to take a breath, blood, urine or chemical test for DUI after an arrest on the suspicion of DUI, your driving privileges are automatically suspended. However, the Implied Consent Law does not pertain to field sobriety tests or portable roadside breathalyzers. You have the right to refuse field sobriety tests. Field sobriety testing indicates an initial assessment of intoxication and gives officers probable cause for your arrest. The tests are difficult for sober individuals, so before consenting you should consider your options carefully. You may be arrested for probable cause after refusing to take a test, but taking the test can provide evidence of your intoxication that prosecutors will use against you in court.
You have the right to refuse to take the portable breath test. This test measures your blood alcohol concentration (BAC) rather than the level of your impairment. Your BAC may be above the legal limit even if you show no marked impairment. Therefore, unless you have not consumed any alcohol at all, you should refuse this test.
After your arrest on suspicion of DUI in Oklahoma, you have the right to have the entire Implied Consent Warning read to you prior to a request by law enforcement to submit to a blood alcohol analysis. You do not have the right to consult legal counsel to assist you in making this decision. As mentioned above, refusal to submit to a blood alcohol analysis results in the automatic suspension of your driving privileges in the state. Even if the charges are later dismissed for any reason, the suspension of your driving privileges remains in effect.
Right to Counsel
You have a constitutional right to retain a Tulsa DUI defense lawyer. The penalties for DUI convictions are stiff and include jail time, fines, increased insurance premiums and a mark against you in background checks for employment, education and financial loans. Even if you are guilty, an experienced Oklahoma DUI attorney may be able to secure a reduced sentence.
The Tulsa DUI attorney at the The Law Office of Tiffany N. Graves, PLLC can positively impact the negative results of a DUI arrest. The experienced eye of a DUI lawyer can find any flawed results by testing or law enforcement actions and ensure full protection of your rights from the initial traffic stop through the judicial process. Call us today at or complete our contact form to schedule a consultation for a review of your case.