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Oklahoma DUI and the Constitution

The U.S. Constitution provides each American citizen with certain rights. The Fourth Amendment was created to protect you against unreasonable search, seizure and detainment.  Unfortunately, these protections are not always adhered to during the course of a DUI arrest.

Your Constitutional Rights and DUI

Any person charged with a crime is supposed to be granted the inalienable rights as outlined in the Fourth Amendment. However, the courts have taken some of these away when a DUI is involved. For example, many people are allowed to speak to an attorney after being arrested; however, officers will not let DUI suspects contact their attorney. This can be problematic, especially if you need advice on whether or not to take the breath or blood test.

The Fifth Amendment gives you the right to remain silent and mandates that your silence cannot be used against you. However, Oklahoma courts allow the prosecution to use a breath test refusal to establish admission of guilt.

DUI roadblocks are also troublesome. As it states above, U.S. citizens have protections against unreasonable search; however, the Supreme Court has ruled that the public good associated with sobriety checkpoints outweighs the violation of your individual rights.

An Attorney Can Protect Your Best Interests

The courts are taking a tough stance on DUI and letting individual rights fall by the wayside. This is all the more reason to have a DUI defense attorney on your side who not only understands the letter of the law, but the science and medicine behind drunk-driving evidence. Attorney Bruce Edge of the Edge Law Firm has a proven track record of success on behalf of his clients.

To learn how the Edge Law Firm can help you fight the charges you are facing, call (877) DUI-EDGE or (918) 582-6333 or fill out our form for a free case evaluation.



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