My brother got a DUI in Guymon, Oklahoma. Any advice 1st ticket he's got.?

Question

His tickets received
Dui (driving under the influence)
No seat Belt (He was not in his car)
Dysfunctional Vehicle (tail light was out)
No Insurance (He has it just lost the card)
M.I.P (minor in possession)
Open container (2 empty bottles in 12 pack slots)
He was pulled over at a friends house. He was already out of his truck and knocking on the door. The officer said he pulled him over for an abrupt turn in a residential neighborhood. My brother refused a breathalyzer and ask for a blood test or roadside. So the officer put him in his car and started searching his truck. He found beer with 2 empty from the 12 pack-So he wrote him an open container ticket. He made my brother do the breathalyzer but he didn’t blow much. (?) don't know the numbers?? He searched without permission and refused a roadside. Is there any advice I could use?

To all of you who wanna bash on my brother for drinking-don't waste my time I just won't read it! He messed up and he'll learn a lesson from this if he wants to or not. So yes he had been drinking and he doesn't deny, he should not have driven anywhere.

Answer 1

Search incident to arrest is legal. When impounding a vehicle, inventorying the contents is generally necessary.

The fact that your inebriated brother got to the door of his friend's house before the police officer arrested him doesn't mean the officer didn't see him get out of the car. Getting out of the car won't let him off the hook.

Your brother should not have even been in possession of alcohol, let alone drinking. He should not have been driving afterwards or driving the car period in that condition.

My advice is that you talk to your brother about not being such a scofflaw and being oblivious to the harm that he could have caused others by his lackadaisical approach to obeying the law.

Answer 2

1

Answer 3

I work in Oklahoma so I think I can explain it to you, but cannot offer advice, sorry. If, and I'm saying if because I was not there, the officer saw him driving, it doesn't matter if he got out of the truck. The officer must have reasonable grounds to believe that he was driving under the influence...odor of alcohol, slurred speech, staggering, etc. Upon arrest the officer has the right to search the vehicle your brother was in, called search incident to arrest, based on Supreme Court case law. The officer must have read your brother the Implied Consent Test Request as required to administer the state's breath test. The only time a blood draw is used is if there is not an intoxilyzer machine available, or the arrestee requests a blood test as an ADDITIONAL test, after the state's breath test is administered, or if there is suspicion of being under the influence of drugs. A fast and abrupt turn in a residential neighborhood can be considered Careless driving by ordinance if it rises to that occasion. The presence of a remaining pack of beer along with empties can qualify as an open container. There is no roadside breath test that can qualify as the state's breath test for prosecution. I know I can't offer you advice, but I hope I helped explain the mechanics of the arrest. Like I said, I can't pass judgement either way because I wasn't there. First time offenders can try to plea bargain though.

Answer 4

Your brother needs a lawyer. Soon.

I recently served as a juror in a trial against a guy for a similar thing. The officers found what they thought was beer in a plain cup. They DIDN'T give him a state sanctioned intoxilizer (sp) test, but instead the little plastic Breathalyzer.

We acquitted him on nearly all counts (except one) mostly because they arrested him and DID NOT give a formal blood test. How can you prove drunk driving without that?

ALSO, IMPORTANT NOTE. The defense attorney made a big deal that the police officers learned information about the defendant by just LOOKING in the vehicle windows. That police officer your brother ran into did an illegal search without probable cause. That's what that sounds like to me. Unless there is other mitigating information you left out.

A good defense attorney will probably make hay of this...but it's definitely going to court.

However, nothing is guaranteed, and I really hope your brother learned something from this. Minors shouldn't be in possession of beer. NEVER drive with missing/open bottles out of a pack, and carry that insurance card!

Good luck.

Answer 5

OH! OH! OH! My sincere condolences to your bro...They DO NOT mess around there in the panhandle. From my personal experience, I would recommend using an attorney from right there in Guymon, (like a court appointed) Hiring a out of town, high $$ lawyer more than likely will not get you a better deal. The less resistance you give them, the smoother the whole ordeal will be for you. It sounds like you have some very valid issues with the validity of the whole mess, but once it is done, it is REALLY difficult to undo the damage-right or wrong. My experience is based on a close friend of mine receiving a 10 year prison term in the Oklahoma State Pen after being stopped and searched because of an "illegal lane change" He was from out of state, and the vehicle impound there in Guymon looked like a pretty nice used car dealership! Oklahoma generatres mega$$$$ from their prison system, and out of state prisoners add to their profit.

Answer 6

Oklahoma is a very tough state when it comes to DWI's. I live on the boarder of Texas & Oklahoma. A friend of mine that lives in Texas went to see a coworker that lives in Oklahoma. They had 3 beers each. On his way home( 60 miles back to Tx.) He made a wrong turn and ended up about 30 miles in the wrong direction. It was late at night and he was getting tired, So he pulled OFF the road in the country to get some sleep. He took his keys and put them under his drivers seat. Around 3 am the sheriff knocked on his window. To make a long story short, he was charged with acchul phyical controll on a motor vihcal becase the keys were still in his reach. He now searveing 7 years in prison for sleeping on side of the road. I hope your brother has better luck than my friend did.
better get a lawyer.

Answer 7

first get a lawyer. he or she will talk to the d.a. more than likely drop every thing but the DUI and probably mip.if he blew it had to be over the limit or he would not be charged with DUI. i had one a year ago,DUI,no tags,no insurance.and refused the breathalyzer. your first no jail time.he will get a hefty fine and lose his license for a year.but as far as searching the car he has probably cause,because of the DUI.if nothing else get a court appointed lawyer. by the way i used to live in okc. good luck!

Answer 8

You must realize this is very, very serious.
Get an attorney, but realize there's no way he get your brother off. About all he can do is make sure your brother gets fair treatment.
But be forewarned, a lawyer will cost a lot., and usually up front.
States have stopped treating this lightly years ago.
There are mistakes in life that will forever haunt you. This is one of them.,

Answer 9

Hire an attorney.

Answer 10

Let him serve his time. Then persuade him to go to AA.