Legal Question in DUI Law in Oklahoma

I got an APC in Dec 2011, then got a DUI in feb 2012! I jumped all the hoops n paid all fines off early! Then in Nov 2012 got arrested for APC, but charges were dropped now in march of 2013 the DA decides to persue the charges of APC/felony and carrying a weapon/mis. There was no testing conducted nor did I go in front of the judge! The Sherrif told me I'm free to go n walked out of jail!!!! How is that legal? How can the DA assume that I was drinking when there was no testing done and they waited for months to issue a warrant? I see way too many issues with OK and their DUI charges because it's your word against the officer! Regardless, people are guilty unless they have the money too fight it! I'm tired of fighting with them cause I wasn't drinking nor care too! Totally frustrated with the legal system.

Asked on 7/17/13, 3:11 am

1 Answer from Attorneys

Jay Ramey Jay K. Ramey, Attorney at Law

No testing (breath, blood, urine) has to be done to charge someone with DUI/APC. If a police officer testifies that he believed you were driving drunk based on his observations--whatever they may be--and the jury believes the officer, then you can be convicted of DUI/APC.

Police do not file cases. The police fill out a police report and submit it to the DA. The DA then decides whether to file a case or not. The DA has 3 years to file a DUI/APC case.

Read more
Answered on 7/17/13, 2:39 pm

Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Oklahoma