Sometimes the Treatment for an Oklahoma DUI Conviction Can Seem Like Punishment Itself- Oklahoma DUI Defense

Conviction based on a violation of Oklahoma’s DUI laws carries with it a number of penalties, which vary in severity based on factors such as whether the conviction is for a first-time or subsequent offense or the degree of intoxication. Penalties can include sanctions like fines, community service, jail time, or the requirement to have an ignition interlock device installed in his or her vehicle. The home page of our Oklahoma DUI Defense website contains the text of the law as it pertains to drunk driving and its legal consequences.

One additional consequence of an Oklahoma DUI conviction, receiving a deferred sentence, or losing your Oklahoma driver’s license that may not be as well-known as the penalties mentioned above is the requirement to participate in an alcohol and drug substance evaluation and assessment program. Unlike a term in jail or a monetary penalty, this requirement is not necessarily intended to be a form of punishment as much as a form of treatment. But as we will see on closer examination, sometimes when the criminal justice system seeks to help you the experience can feel like something else entirely.

As a starting point, any alcohol and drug assessment must be performed by persons and organizations that are officially certified to perform them. This certification requires whomever administers the assessment to comply with a multitude of regulatory requirements which can quickly become burdensome and intrusive to the person being evaluated. As an example of this, consider the Alcohol and Drug Substance Abuse Course (ADSAC) participant evaluation, which consists of:

A formal intake interview performed in a clinical setting. Here, you will be required to provide socio-demographic information about yourself as well as answer questions about your personal history. You will also need to complete an Addiction Severity Index, which will be scored.The evaluation will also delve into your driving record, your history of alcohol and drug use, past treatment, and past drug-related arrests.

That may sound tedious to have to undergo, but it is only the beginning. You will also be subject to a “biopsychsocial assessment,” an Orwellian-sounding name for a formal interview that will go into even more minute details of your personal life. The assessor will seek to uncover your medical conditions, your family and social history, your cultural and religious orientations, your marriage history and your living arrangements, your finances, your school background, your health history, any mental health treatments you may have had, even your recreational and leisure time preferences.

This psychological and inquisitory stripping-down of your personal privacy is meant to “help” you, and will be the foundation to determine what kind of specific treatment courses and programs that you will be required to undergo. But you may be excused for being reluctant to undergo such an intimate form of assistance. If you are required to go through one, we have assessors that will treat you with respect for your privacy.

There is no way to get around going through the ADSAC if you have been convicted of an Oklahoma DUI offense or lose your Oklahoma driver’s license.  The only way to avoid it is to not be convicted if you stand accused of such an offense. This, in turn, can depend heavily on your choice of legal counsel to represent you in court.  For more information, contact the Oklahoma DUI Lawyers at the Hunsucker Legal Group.

http://www.ok.gov/odmhsas/Substance_Abuse/DUI_-_Alcohol_and_Drug_Substance_Abuse_Courses__(ADSAC)/index.html

See also Title 450, Chapter 22 of the DPS statute.

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Oklahoma Mandatory Jail Sentences and Costs

Incarceration in Oklahoma can leave released prisoners with an ongoing “debt to society”

The combination of Oklahoma laws requiring mandatory minimum prison sentences and a state policy of making prisoners pay for the costs of their incarceration has led to a situation in Oklahoma that constitutes what some might call a “worst-of-both-worlds” result: overcrowded prisons, coupled with newly-released prisoners finding themselves confronted with substantial government-imposed debts that they find difficult if not impossible to pay.

Oklahoma currently has more than 100 categories of crimes that carry mandatory minimum sentences. Mandatory minimums can perhaps satisfy a public demand to “get tough” on crime, but can also lead to unanticipated and undesirable consequences. Oklahoma has one of the highest incarceration rates in the nation: as of 2010, for example, the state’s incarceration rate per 100,000 state residents was 654, significantly higher than the national average of 497. Oklahoma’s incarceration rate for women ranks first in the US, with the rate for men being not far behind.

One of the immediate consequences of keeping so many people in custody is the financial cost of maintaining prisons at overload capacity, or 116% of capacity in Oklahoma’s case. One way that the state has attempted to relieve taxpayers of the cost burden has been to shift at least some of it to the inmates themselves. Fees for anything from fingerprinting costs to courthouse security can be tacked onto a per diem rate of up to $50 payable while inmates are incarcerated.

The result can be that when an inmate has completed his or her sentence and is released, freedom comes with a bill that can easily reach five figures. It is a twist on the antiquated concept of “debtors’ prison”: instead of being thrown in jail for being in debt, the prisoner accumulates it there.

Compounding the matter is that in a soft economy with jobs hard to come by, a recently released prisoner can also have a past criminal record to contend with, making employment even harder to achieve. And without having a paycheck, reimbursing the government for its incarceration-related fees becomes more problematic.

Efforts are ongoing to alleviate the compound problem of prison overcrowding and frequently unpayable prison debts. One approach is a proposal in the state legislature referred to as the “Justice Safety Valve Act” to allow judges more discretion when sentencing individuals, as long as the crime for which they are convicted does not constitute a violent crime, or a sex crime that would require sex offender registration, repeat crimes or crimes in which the person was the leader of an organized criminal activity.

No time frame is available on when the Justice Safety Valve Act may become Oklahoma law. In the meantime, the best way to avoid running afoul of the negative consequences of being subjected to a harsh mandatory minimum sentence and running up a large debt in prison is to avoid being charged with a crime in the first place, or to secure the best possible legal defense against the charges being brought against you. Even if acquittal is not possible, experienced defense attorneys may still be able to negotiate an outcome less than the worst-case scenario described above.

http://www.governing.com/gov-data/state-prison-population-incarceration-rates.html

http://kgou.org/post/oklahomas-crime-funded-court-system-leaves-many-offenders-substantial-debt

http://swtimes.com/news/oklahoma-crime-bill-would-allow-judges-more-discretion-sentencing

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Oklahoma State Football Player Apologizes Following DUI Arrest

Justin Blackmon, a sophomore receiver on the Oklahoma State football team, was arrested under suspicion of DUI this week, after he was pulled over on the interstate around Dallas-Ft. Worth.

Blackmon announced an apology following the announcement of his DUI arrest. He apologized to his family and friends, and to the school, according to NewsOK.

“I made a mistake, and I take full responsibility for it. I look forward to redeeming myself. This isn’t who I am.”

Blackmon has been suspended for a game by head football Mike Gundy, the match-up between Oklahoma State and Kansas State.

“In our opinion, what he did deserves a suspension for this game,” said Gundy. “It was very easy for us. That’s a decision he made, and he has to suffer the consequences.”

Blackmon was stopped after being clocked driving 92 miles per hour in a 60 mile per hour zone on Interstate 35. He was subsequently arrested for suspicion of DUI.

Blackmon didn’t have to speak to the press so soon after his arrest. However, he appeared at a press conference less than 48 hours. When asked why, he told the press, “to prove I’m not that guy and own up to my mistakes. I did it, and I should be punished for it.”

“6:51,” replied Coach Gundy about when he heard about the DUI arrest, referring to how early in the morning he got the call. “Usually when I get a call that early in the morning it’s not good.” Gundy also said that Blackmon was “a caring person who made a mistake.”

Several other OSU football players were in the car with Blackmon, though no other students have been punished by the football program for anything that occurred that night.

Blackmon has been tagged for speeding in the past, once for driving 20 to 25 miles per hour over the limit, and another time for driving 93 in a 70 mile per hour zone.

The legal investigation is still under way, so Blackmon didn’t answer any specific questions about the case.

According to Texas DUI law, a police officer doesn’t have to place a minor into custody for the Class C misdemeanor DUI.

View the original article here

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