WHAT IS THIS BOOK ABOUT AND WHY SHOULD I READ IT?
Justice cannot be for one side alone, but must be for both.
ELEANOR ROOSEVELT
DUI has become a political crime and even though advocacy groups will not admit it, we are quickly moving towards a zero tolerance for alcohol. At one point, the legal limit for driving after drinking was .15 grams of alcohol per 210 liters of blood. Then, concerned parties got together and, with no empirical research, decided that .10 was a more proper level. This was the number for years and then, at the insistence of activist groups, the federal government became involved. It is like a camel poking his nose under a tent. . . . before long, the camel takes over the tent.
Using the same method of blackmail as when seat belt laws became mandatory, the federal government set a deadline and told the States they must reduce the level for DUI to .08 or they would lose their federal highway money. There were no new empirical studies, just tremendous political pressure from advocacy groups, and it became law. Now every State has capitulated and .08 is the law of the land. Additionally, in November 2009, Oklahoma increased its maximum punishment from ten years in prison to twenty years in prison. Recently, NHTSA has proposed lowering the legal limit to .05.
There have been recent national media campaigns saying, “You drink, you drive, you go to jail” and “Buzzed driving is drunk driving.” Although your tax dollars pay for these ads and they become ingrained in people’s minds, it is not a correct statement of the law. It is a form of brainwashing and jury manipulation. If a lie is repeated often enough without being challenged, it is accepted as being true.
Regretfully, the police have become indoctrinated by these campaigns and if you are stopped for any reason while driving and have an odor of an alcoholic beverage on your breath or in your car, the odds are that you will go to jail. This is NOT what the law states but it is the reality of the world in which we now live. In fact, the head of the International Association of Chiefs of Police (IACP) has been quoted saying if you are stopped and smell of alcohol, you will be arrested!!! Arrested for smelling like alcohol! This is a perverse injustice but you may be forced to argue the point in court.
Knowing the risk you face, it is in your best interest to have a good understanding of the law in Oklahoma as it applies to DUI, DWI, and APC. This is not a legal treatise and should not be relied upon as legal authority. This book is purposely written in everyday language so you can quickly use the information in a practical manner and make informed decisions.
A word of caution if we may, this is not intended as a do-it-yourself manual. There is just enough information contained to allow you to be dangerous to yourself. As they would say on television, “Don’t try this at home”. There is no substitute for having a competent trained DUI attorney representing you if you are charged with an alcohol offense.
As you will see in the next pages, we have each invested countless hours traveling throughout the United States to train in every aspect of DUI defense. We have each invested well over $100,000 in this training and continue to invest in our training each year. As such, we generally are on the leading edge of DUI defense in Oklahoma.
Relax and enjoy what is ahead. It is written in a style that allows you to move to selected chapters that are of the most interest to you. You do not have to read the entire book to benefit from its contents although we hope you will.
Happy reading!
Bruce Edge – John Hunsucker