Will I Get a DUI Even if I Only Have One Drink?

A .08 BAC results from several drinks for most people, but Oklahoma law allows authorities to arrest and convict drivers after just one drink.

Although most people do not reach a .08 BAC level until they have had several drinks, under Oklahoma law, it is possible to be arrested for and convicted of DUI after having just one drink. An illegally-high blood alcohol content level is only one way to be convicted of DUI in Oklahoma. Drivers are legally intoxicated if they have any amount of a Schedule I substance (such as heroin or cocaine) in their bodies or if they are impaired due to alcohol, any drug, or some combination thereof.

The broad nature of this law is bad news for Oklahoma drivers. The good news is that sub-.08 BAC cases are rather difficult to prove in court. That is especially true given the high burden of proof, which is beyond any reasonable doubt. So, if you only had one drink and face DUI charges, a Ponca City criminal defense attorney can probably help.

Oklahoma’s BAC Levels

The BAC limit is usually .08, but that is not always the case. Oklahoma has a “zero tolerance” law for minors. If drivers are under 21 and they have any amount of alcohol in their systems, even wine from communion, they could be arrested and convicted.

More importantly, Oklahoma law contains some rather unique sub-.08 presumptions. A BAC below .05 does not indicate intoxication. Significantly, this BAC level does not legally indicate sobriety, either. So, officers can still arrest such people, but without a presumption of impairment, these cases are quite difficult to prove.

If the driver’s BAC was between .05 and .79, that level is basically a rebuttable presumption of intoxication. Any additional evidence could be enough to establish intoxication as a matter of law.

The field tests, which are discussed below, mean a lot in sub-.08 cases. In court, officers always testify that the defendant “failed” the tests. In non-presumption cases, jurors might overlook technical failures, such as lifting a leg at slightly the wrong angle. In a presumption case, such tick-tack failures might be enough to establish guilt beyond a reasonable doubt.

Circumstantial Evidence

Oklahoma has a per se DUI law. A BAC level above the legal limit establishes intoxication as a matter of law. The extent of impairment, or the lack thereof, is irrelevant. However, in other cases, Kay County prosecutors normally must use circumstantial evidence from the DUI field tests.

Some officers have defendants perform unapproved tests, like Rhomberg’s balance test. This is the closed eyes, head back, and arms extended balance test. These test results might only be admissible for limited purposes.

The following three tests carry more weight with a judge and/or jury, because the National Traffic Safety Administration has endorsed them:

  • Horizontal Gaze Nystagmus: The DUI eye test looks for evidence of nystagmus, a condition also known as lazy eye. The test itself is fairly accurate. But alcohol is not the only

What Does a Family Law Attorney Do?

If you are looking for help in the legal realm, you may want to look closer at a family law attorney. While you may be familiar with this type of practitioner, you may not know the full range of things they do. These attorneys specialize in everything having to do with the family, from what happens before marriage to after you die. Discover some examples of the tasks this lawyer handles.

Prenuptial Agreements

Before two people say ‘I do,’ they may want to draft a prenuptial agreement. This document behaves like an insurance policy, setting forth agreements on how the couple will handle a divorce. While some believe this a dooming document, it is anything but that. It allows each to prioritize how they will divide things like assets and debt in the event they breakup. The goal is to simplify things during what can be a highly-stressful divorce.

Adoptions

Some family law attorneys help people grow their families by handling every aspect of adoption. Whether the process is private or a state-sanctioned situation, a family attorney Tampa can guide you through the convoluted and emotional process of adopting a child.

Estate Planning

Ensuring your family is taken care of after death is a priority. Some family attorneys work with people to draft estate plans focusing on the family. Second marriages have sensitive estate planning issues, mainly if there are children. A family law attorney may be able to get your wishes down and help you nominate someone to administer your estate.

Divorce

The most common reason people seek out a family law lawyer has to do with divorce. With over half of all marriages ending in dissolution, an attorney who specializes in divorce is a valuable ally. This practitioner seeks the best resolution for your situation to provide for you and your children.

It is always recommended that you conduct your own due diligence when it comes to finding a representative that fits you best. Armed with some general knowledge may help further this process.