You are never guaranteed to win a DUI case in Oklahoma. Still, you can greatly improve your chances by recognizing certain things to do or not do. An experienced DUI attorney can help guide you and will mostly focus on the following elements. (1) moving fast on the administrative (DPS) deadline, (2) preserving and demanding all discovery (video, calibration logs, officer training), and (3) attacking the legality of the stop/arrest and the reliability of any chemical test. Below, I’ll give a focused, practical checklist and the most effective legal challenges used in Oklahoma to win a DUI case.

Immediate Deadlines You Must Hit

• Request the DPS (administrative) hearing within 15 days of arrest, or you usually lose the right to challenge the automatic suspension. It’s important to understand the 15 days start to run from the date of arrest and not the first time you’re in Court
• If you refused a test or tested at or above the statutory limits, you must realize that your license is suspended immediately. The reason for this involves the implied consent and how it relates to refusing to submit to the test.

What It Practically Means To Win A DUI Case

• Suppression of chemical results (breath/blood) or video evidence, or dismissal where the prosecutor’s case depends on suppressed evidence. This isn’t common, and the evidence is suppressed is critical because not
• Favorable plea (reduced charge or diversion) if the suppression route is weak. This is an example of when winning can take on a lot of different looks. An example can be found in the length of probation or reduced fines and costs
• Not guilty is the best way to win a DUI case. At trial, if the prosecution can’t prove impairment beyond a reasonable doubt, you win. Winning at a jury trial in Rogers County may involve a not guilty or a hung jury.

The Strongest Legal Attack points

1. Illegal traffic stop / lack of reasonable suspicion
   • Motion to suppress if the initial stop wasn’t supported by articulable facts (speeding, weaving, equipment violation, etc.). Demand dashcam/bodycam video, CAD logs, officer notes and dispatch recordings.
2. Lack of probable cause to arrest
   • Cross the line between mere observation and the totality of circumstances supporting arrest. Demand recordings, SFST worksheets, officer training records.
3. Chemistry test reliability and chain of custody
   • For breath tests: calibration records, maintenance logs, operator certification, instrument printouts, and recent repair records. For blood tests: consent/warrant paperwork, who drew the sample, chain-of-custody, lab procedures, and toxicology reports. Challenge improper handling, contamination, or expired calibration.
4. Warrant & Fourth Amendment issues for blood draws
   • A nonconsensual blood draw generally requires a warrant unless true exigent circumstances exist (McNeely). And the Supreme Court treats breath and blood tests differently (Birchfield). In short, the Police can not order the hospital to do a blood draw without a warrant or without exigent circumstances that require the blood draw without getting a warrant.
   • Implied consent warnings and voluntariness. This is a big one involving a fair warning given to you by the Police. The warning must be such that it makes you aware of the consequences of a refusal. Another key is that for consent to be valid, it must be voluntary and given with a full understanding of what you are consenting to.
5. Field sobriety tests (FSTs) weaknesses
   • FSTs are subjective and affected by weather, footwear, medical conditions, age, injuries, surface, and lighting. In Oklahoma, they’re voluntary and not strictly reliable. This is because, unlike a machine that measures blood alcohol, the person administering a field sobriety test can without intention, impact the results. This can be the result of not enough training or just poor procedures being followed.

Tactical checklist (step-by-step)

1. Pay close attention to the 15-day DPS request
2. Hire an experienced local DUI counsel attorney in Oklahoma.
3. Serve discovery and preservation letters now — request: all video (dash, body, station), CAD/dispatch logs, officer notes, breath/blood machine logs and calibration, training records, booking video, medical records relating to blood draw if applicable, and any witness statements.
4. File motions early: suppression (stop/arrest/statement/blood draw), motion to compel discovery, evidentiary motions re: chain of custody.
5. For blood draws, Subpoenas are always a part of a case that involves blood draws. When you serve the subpoena, you are looking for the chain of custody of the blood, draw procedures and common protocols, reagent lots, technician and other professional credentials, and timestamped lab notes. And as noted above, you always check to see if the officer had a warrant or if not, was there an exigent circumstance allowing him to draw the blood without a warrant.
6. For breath tests: demand operator certification and maintenance/calibration logs for the device used.
7. Analyze video carefully: look for officer narration, timing mismatches, FST administration issues, and whether the suspect was advised of rights and implied-consent language correctly.
8. Consider expert review: toxicologist (retrograde extrapolation, metabolism), SFST expert, and device calibration expert.
9. Explore non-trial resolution if the evidence after discovery still favors the state — DUI diversion, deferred sentence, or reduced charges can be better outcomes than risky trials.
10. Prepare for DMV hearing concurrently — The DMV hearing is much different than the DUI case is in District Court. The standard of proof is different in a DMV case. This means that you can still lose the criminal case but win the DMV case.

Get a Rogers County DUI Attorney in Your Corner

Although winning a DUI case is never a guarantee, solid criminal representation will always help mitigate or help get the DUI cases tossed altogether. Our criminal defense attorneys have handled thousands of criminal defense cases in Rogers County. For a free and confidential consultation with an attorney from Kania Law – Claremore Attorneys, call 918.379.4872. Or you can ask a free online legal question by following this link.