Fighting an Oklahoma DUI Arrest
To ensure that your rights are protected, officers are required to follow proper protocol when making a traffic stop or arrest. If these guidelines are not adhered to, there is a chance that your arrest or any evidence obtained is unlawful and therefore inadmissible in court.
Lack of Reasonable Suspicion
The Fourth Amendment protections against unreasonable search, seizure and detainment require that an officer have a legal reason, or reasonable suspicion, to pull you over and arrest you for DUI. This means there must be evidence that you broke the law. In the case of a DUI, this may mean that the officer smelled alcohol on your breath or that you failed the field sobriety tests.
However, there are some situations where there is no reasonable suspicion to make an arrest. If your attorney can establish that you were stopped and arrested without cause, the judge could dismiss your charges.
Failure to Read the Miranda Warnings
If you are interrogated after an arrest, the officer must first read you the Miranda warning (“You have the right to remain silent, everything you say may be used against you in a court of law...”). If he or she failed to inform you of your Miranda rights, your attorney may file a motion to have any statements you made during the interrogation dismissed.
Was Your Arrest Legal?
At the Edge Law Firm, our attorneys have undergone vigorous training in the field of DUI defense. We understand your legal rights and will examine the evidence in your case to determine if your arrest was indeed legal.
For more information on how the Edge Law Firm can help you protect your rights, please contact us today at (877) DUI-EDGE or (918) 582-6333 or fill out our online form to schedule a free case analysis.