How A DUI Arrest Becomes A DUI Charge

During the holidays, law enforcement agencies prepare to make multiple suspected DUI arrests, but they said it's not up to them whether the person is convicted or not.

“The Oklahoma Highway Patrol has increased patrols to keep drivers safe out there on the road to make sure everyone gets home safely,” Brack Miller, Oklahoma Highway Patrol said.

One thing they usually come across are suspected intoxicated drivers.

More than 30 people were taken to the Oklahoma County Detention Center from July 1-4. Once they're pulled over, they're asked to do a standardized field sobriety test.

“It consists of the horizontal gaze nystagmus, the walk and turn and the one-legged stand,” Miller said.

But, a driver can say no to this test. In fact, they can refuse a sobriety test, breathalyzer, and a blood test. Under state law, if a driver refuses to take the implied consent test, their driving privileges could be revoked or denied.

If they consent to a blood test, it is sent to the OSBI.

“The results all depend on the OSBI lab and they're back log and how much evidence has been submitted throughout the state for them to process,” Miller said.

In a statement, OSBI said:

Starting in January 2023, all blood kits that are received at the OSBI Forensic Toxicology Laboratory are tested comprehensively for the presence of both alcohol and drugs. In the past, only cases that did not meet the alcohol testing per se limit received drug testing. In January 2022, we moved to full comprehensive testing for fatality and serious injury cases regardless of the alcohol result.

There is not a time limit, but the OSBI Forensic Toxicology Laboratory has a goal to complete cases within 30 business days of receipt of evidence. Currently, due to the increased amount of time to complete tests, the average time for completion is ~136 days. The OSBI Forensic Toxicology Laboratory currently has new staff in training; once training is completed, the average days to complete testing is expected to lower to at or below the goal of 30 days. 

All of this has to be done before charges can be presented to the District Attorney who then decides if they will be filed.

“If they have a lot of evidence to test your wait times are going to be longer,” Miller said.

News 9 reached out to the District Attorney's office asking what are some things they look for when filing DUI charges and they did not want to comment.