Tulsa DUI Lawyer
DUI, DWI, APC? Worried? Can’t sleep at night?
You have reason to be scared. DUI charges can change your life. Not only
are you looking at jail or prison, you can also lose your license, be
marked with a conviction for life, and be left with huge fines, court
costs, and skyrocketing insurance premiums.
Innocent People Do Get Convicted of DUI
Contrary to popular belief, drinking and driving IS NOT against the law
in Oklahoma. Drinking alcohol to the point of Impairment or to the point
where the driver is driving under the influence IS against the law in
Oklahoma. However, people who drive after having only had one or two drinks
are arrested every day for DUI even though they were not impaired.
Law enforcement officers make their decision to arrest on agility tests
that have absolutely no basis in science or your ability to drive a car.
The factors that can affect your “score” while on the side
of the road or parking lot are too numerous to list. However, these same
officers and troopers believe these tests are foolproof and arrest you
because of the results.
Breathalyzers and blood tests are not the silver bullets law enforcement
and prosecutors insist they are. They have as many problems as Field Sobriety
Tests. Anytime there is a human component, there is the chance for error.
Chain of custody, procedures and techniques, rules and regulations, programming,
etc. all have a human component subject to mistakes and errors. The “science”
behind the Intoxilyzer 5000 and 8000 is faulty and prone to mistakes,
manipulation, and substantial errors.
Common Sense DUI Defense
Tulsa DUI Attorney Lee Berlin has a reputation for practical, effective,
common sense arguments and legal theories that are easily understood by
both judges and juries.
Your freedom, job, reputation, and financial well-being cannot be left
up to chance or experimentation. There are only a few attorneys in the
Tulsa area that devote the vast majority of their practice to alcohol
and drug-related charges like we do. The small investment in time and
money to seek out the DUI Attorney who is the right fit for you is well worth it.
Drug and alcohol related driving offenses are some of the most difficult
and complex criminal cases to defend. The specialized training, testing,
and forensic, and scientific evidence that are involved in almost every
single Drug and Alcohol offense require the assistance of an experienced
Tulsa DUI Attorney. All too often general practitioners and civil attorneys
are hired to represent persons charged with DUI, and these attorneys are
unprepared to competently represent their clients in these complex cases.
They consider the DUI to be a simple traffic offense and treat it as such.
Nothing could be further from the truth.
Hire an attorney who has received specialized training related specifically
to DUI defense, has experience in complex and scientifically demanding
cases, and devotes the majority of their practice to Alcohol and Drug
Read more about Tulsa DUI Defense Attorney Lee Berlin and find out why
it just makes common sense to put your trust and freedom in the hands
of DUI Attorney Lee Berlin.
DUI in Oklahoma is found in 47 O.S. § 11-902. A first offense DUI
is a Misdemeanor in Oklahoma and carries a penalty of 10 days in jail
up to one year in jail.
The elements for a DUI in Oklahoma are as follows:
No person may be convicted of driving a motor vehicle while under the influence
of alcohol/with a blood or breath alcohol concentration of .08 or more
unless the State has proved beyond a reasonable doubt each element of
the crime. These elements are:
- with a blood/breath alcohol concentration of 0.08 or more, or while under
the influence of alcohol
- a motor vehicle
- on a highway/street/public road, turnpike, place/private road, street,
alley, lane which provides access to one or more dwellings
- the blood/breath test was administered on a sample taken from the defendant
within 2 hours after arrest or as soon a practical after the fatality/injury accident.
Oklahoma Uniform Jury Instruction CR 6-18
A DUI in Oklahoma is called a “predicate offense.” In Oklahoma,
this means the first conviction is treated as a misdemeanor, but a second
conviction within 10 years of the first conviction is a felony that carries
a penalty of one to five years in prison.
The penalties associated with this offense, and the complexity of the defenses,
mean you absolutely must have a competent and properly trained Tulsa DUI
Attorney on your side.
You cannot talk your way out of the charge or arrest. You will only provide
police and prosecutors with more evidence to convict you.
If you are arrested for a DUI, you are strongly advised to be quiet and
use your right to remain silent until you have hired a Tulsa DUI Attorney.
Talking to the police, investigators, insurance adjusters, or anyone that
is not a Tulsa DUI Attorney first is a huge mistake.
Based in Tulsa, Oklahoma, Tulsa DUI Attorney Lee Berlin defends clients
throughout Northeastern Oklahoma.