Tuesday, November 22, 2011

What Not To Do When Being Stopped For DUI, Part Two

An Oklahoma City attorney pled guilty to an Oklahoma County APC misdemeanor and resisting arrest this week in the Oklahoma County District Court. APC is short for being in Actual Physical Control of a Motor Vehicle While Under the Influence of Alcohol.

The attorney, along with another Oklahoma City attorney were arrested September 12, 2008 after the Whataburger manager said the attorney's SUV almost hit another vehicle in the drive thru lane at 140 am. According to the police officer, after they arrived, the attorney became uncooperative and spit in the officer's face and pulled out a badge from the Oklahoma County Sheriff's Department claiming to be a deputy. The badge was not an actual Oklahoma County Deputy's badge but an "eagle" badge that is given to supporters. Once at the station, the officers claim that the attorney kept cursing at them and demanding to be taken to Oklahoma County.

The officers complied with the attorney's request and took him to Oklahoma County where they charged him with felony placing bodily fluids on a police officer and felony impersonating an officer. Thus, what would have been a simple misdemeanor drunk driving charge or actual physical control charge turned into felony charges.

If you are arrested for DUI or APC, it is best to remain silent and cooperate with the officers. However, that cooperation does not include performing any field sobriety tests or other roadside tests. The decision to take the state's breath test or blood test is a decision that would bary depending on the circumstances of your arrest and prior DUI charges. It is always best to consult with a qualified DUI attorney as quickly as you can after being arrested.

John Hunsucker
Oklahoma DUI Lawyer

Bruce Edge
Tulsa DUI Attorney

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