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  • Sweeping 2017 Oklahoma DUI Law Overturned

    Oklahoma DUI law overturnedThe Oklahoma Supreme Court has overturned a sweeping 2017 DUI law for due-process flaws and for violating constitutional single-subject requirements. The entire law was set aside before it even took effect. The decision means ongoing uncertainty for thousands of drivers accused of DUI - and police enforcing DUI laws - with regard to the procedure for contesting drivers license revocations after DUI arrests. Read more »

  • Speedy Trial Violations Void Drivers License Revocations in Oklahoma DUI Arrests

    Oklahoma DUI drivers license revocation speedy trial violationThe Oklahoma Court of Civil Appeals decided year-long delays before DUI drivers license revocations hearings amount to speedy trial violations. While Oklahoma DPS says the delays are the result of budget constraints, the agency is also awaiting the Oklahoma Supreme Court's possible review of a decision that undermined the agency's reliance on a current generation of breathalyzers. The Intoxilyzer 8000 is used to gather evidence for drivers license revocations and for DUI criminal cases. Read more »

  • Oklahoma Appeals Court Rejects Intoxilyzer 8000 Breathalyzer Results

    intoxilyzer 8000 oklahoma breathalyzerDecision Could Affect Oklahoma DUI Prosecutions The state’s highest criminal appeals court has driven another nail in the coffin of the Intoxilyzer 8000 breathalyzer used in Oklahoma driving under the influence cases. Unfortunately, this robocop machine might be counted among the undead. Here is why. The Oklahoma Court of Criminal Appeals on Sept. 11, 2014 […] Read more »

  • Oklahoma Supreme Court Throws Wrench in Intoxilyzer 8000 Breathalyzer

    intoxilyzer 800A January 28, 2014, Oklahoma Supreme Court decision makes it difficult — if not impossible — for the state to continue revoking drivers licenses based on evidence provided by the current generation of breath analysis machinery. Currently anyone arrested for DUI in Oklahoma who blows a .08 or more (or refuses to blow) has their […] Read more »

  • Flawed Oklahoma DUI Procedures Could Bring Refunds in License Revocations

    Tulsa DUI attorneyThousands of drivers who paid fees to have their drivers licenses reinstated after Oklahoma DUI arrests could be in line to receive refunds from the Oklahoma Department of Public Safety. The revocations could also be expunged from their records if they prevail in a class-action lawsuit filed in Tulsa County District Court Dec. 2. 2013. […] Read more »

  • Tulsa DUI Attorney Explains New Oklahoma Metabolite DUI-D Law

    Tulsa DUI Attorney James Wirth talked with News on Six at KTUL-Tulsa this week about Oklahoma’ metabolite DUI-D law. The law, which took effect Oct. 1, 2013, allows prosecutors to charge anyone with driving under the influence if they have any metabolites of any Oklahoma Schedule 1 drug in their blood, saliva, urine or other […] Read more »

  • Everybody is Guilty Under Oklahoma's Zero-tolerance Metabolite DUI-D Law

    Wirth Law OfficeOklahoma’s new metabolite DUI law sets the strictest standard possible for evidence of forbidden drugs potentially found in drivers’ blood. The standard is so strict that, technically speaking, everyone who gets behind the wheel is guilty of violating the law. Those who are in pain, even more so. Sound unbelievable? Here’s how it works. Instead […] Read more »

  • Past Pot Use Can Be an Crime Under Oklahoma's New Zero-tolerance DUI-D Law

    Wirth Law OfficePolice call it DUI-D. A new law that takes effect today, Oct. 1, 2013, makes it a crime for anyone driving in Oklahoma to have any detectable amount of marijuana in their blood, saliva, urine or “other bodily fluids.” Drivers on Oklahoma highways need to be wary. Police may soon be using new tactics to […] Read more »

  • Ohio Judge Rules Against Intoxilyzer 8000 Breathalyzer Used in Oklahoma DUI Cases

    Wirth Law OfficeAn Ohio appeals court ruling this month delivered a severe body blow to a breathalyzer machine now being used in Oklahoma DUI cases to infer blood alcohol levels in drivers suspected of driving under the influence. A judge ruled the results from the Intoxilyzer 8000 are “not scientifically reliable.” In Ohio – as has been […] Read more »

  • Gurneys, Straps and Needles: No Refusal DUI Tests Resemble Execution Procedure

    Wirth Law OfficeAn Oklahoma Highway Patrol captain in command of troopers in seven south-central counties wants to expand the use of forced blood draws in DUI traffic stops. The initiative comes on the heals of an April U.S. Supreme Court decision that put a stop to most forced blood draws by police unless they first obtain a […] Read more »

  • Constitutional Questions Swirl Around Metabolite DUI Laws

    Wirth Law OfficeWhile many states’ criminal codes treat marijuana as an increasingly trivial concern, legislators in some states have been piling on drugged driving laws that target marijuana users long after any intoxicating effect has subsided. Oklahoma is the latest state to adopt a law that allows prosecution of unimpaired drivers on DUI charges when drug tests […] Read more »

  • With Metabolite DUI, You Still Have the Right To Remain Silent

    Wirth Law OfficeA new law set to take effect Oct. 1 will make Oklahoma one of the most restrictive states in the nation with regard to drivers who have traces of marijuana in their system. Under the new metabolite DUI law, any driver found with any amount of marijuana – or inactive metabolites of marijuana – in […] Read more »

  • Under Drugged Driving Law, Unintoxicated Drivers Could Face DUI Charges

    Wirth Law OfficeA new Oklahoma drugged-driving law set to take effect Oct. 1, 2013 may encourage prosecution of drivers who are not intoxicated. The new metabolite DUI law makes it a crime for a driver to operate a vehicle with any amount of certain drugs – or metabolites of those drugs – in the driver’s bodily fluids. […] Read more »

  • Would NTSB's Lower DUI Blood Alcohol Limits Save Lives?

    Wirth Law OfficeThe National Transportation Safety Board today released a report calling for reduction of maximum blood alcohol limits for drivers from .08 to .05. The NTSB’s recommendations may find purchase among legislators looking to get tough on drunk driving. As a Tulsa personal injury attorney who represents clients seeking to recover damages in accidents caused by […] Read more »

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