Grand Lake DUI Defense

   There is a common misconception among the general public, and most attorneys, that Driving Under the Influence is a simple crime; IT ISN'T!  Many people believe that Driving Under the Influence can be adequately defended by any attorney; IT CAN'T!   DUI is unlike other crimes in many ways.

• First, the knowledge necessary to properly defend a DUI case is highly technical and specialized.  Chemistry, Physiology, Pharmacology, Photochemical & Infrared Analysis, and Gas Chromatography (just to name a few) are all relevant issues in DUI defense.  Very few lawyers, prosecution or defense, are even remotely acquainted with the intricacies of a drunk driving case. 
• Second, those accused of DUI are receiving fewer and fewer constitutional safeguards.  Unique systems of laws, presumptions, and standards have been established with the intent of making it easier to convict those charged with Driving Under the Influence.    
• Third, DUI is the only political and opinion crime in existence.  There is usually no victim, no injuries, and no property damage.  Yet we charge, convict and send people to jail and prison based upon potential future harm.  In proving guilt, courts rely on opinions.  Police officers will say they believed a person to be drunk.  There is usually no hard evidence to prove that a person was in fact intoxicated.  These opinions can change a person's life forever.
• Fourth, more so than with most other crimes, a DUI charge and conviction can have devastating consequences for an individual's career.  Commercial drivers, nurses, pilots, and other professionals have their careers placed in jeopardy immediately upon being arrested for DUI.  
• Fifth, the costs of a first time DUI often end up being more expensive than for a felony conviction.  This is because it is easy to be hard on drunk drivers.  Media attention and lobbying groups like Mothers Against Drunk Driving (MADD) pressure Judges and Legislators to be tougher on DUIs.  They get more votes for being tough on DUI charges.  What they don't seem to understand, or maybe care, is that just because someone has been arrested for DUI does not mean that they are guilty of DUI.   

     DUI today is drastically different than it was 15 years ago.  It is no longer a crime that any attorney or even any criminal defense attorney can properly handle.  It is imperative that you hire an attorney who understands how serious and complicated a DUI case is.  You must hire an attorney who understands the law, science, and political landscape of a DUI.  Ward & Lee, P.L.C. is your firm.  WE UNDERSTAND. 

     Attorney Josh D. Lee is qualified to handle your DUI like few others.  Below are his qualifications.  You should compare his qualifications to those of all other attorneys you are considering hiring to represent you.  It is a huge mistake to believe a DUI is just like any other criminal case and can be handled appropriately by any criminal defense attorney.  

• Josh is a Member of the National College for DUI Defense. Members of this non-profit organization represent the most experienced DUI defense attorneys in the nation.  
• Josh is a Certified Instructor of the Standardized Field Sobriety Tests (SFSTs) by the National Highway Traffic Safety Administration (N.H.T.S.A.).  These are the "roadside sobriety tests" that police officers will sometimes use to assist them in making an arrest determination and ultimately to assist them in securing a conviction.  They consist of the Horizontal Gaze Nystagmus Test (HGN), the Walk and Turn Test, and the One Leg Stand Test. 
• Josh is certified to conduct the Standardized Field Sobriety Tests (SFSTs) by the National Highway Traffic Safety Administration (N.H.T.S.A.).  
• Josh assembled and taught at the first N.H.T.S.A. Standardized Field Sobriety Testing student certification course held in the state of Oklahoma taught to Attorneys, Judges, Doctors, and Private Investigators from all across the United States.
• Josh has been asked by other attorneys to teach Field Sobriety Training to them at different events.
• Josh is certified by the State of Oklahoma Board of Tests for Alcohol and Drug Influence as an Independent Operator of the Intoxilyzer 5000.  The device used in the State of Oklahoma to measure a person's Breath Alcohol Content (BrAC).  Commonly referred to by the public as a Breathalyzer. 
• Josh is certified by the State of Oklahoma Board of Tests for Alcohol and Drug Influence as an Independent Operator of the Intoxilyzer 8000.  This is the so called "latest, greatest" machine used to measure BrAC.  It is the updated version of the 5000.
• Josh was one of the first attorneys nation wide that was trained by the American Chemical Society to operate, develop methods, and perform maintenance on a Gas Chromatograph.  The Gas Chromatograph is the device used by the State of Oklahoma to test blood for alcohol and drugs for a DUI charge.
• Josh was the first attorney in Oklahoma to attend the American Chemical Society training on Gas Chromatography.
• Josh is the only Oklahoma attorney and one of ONLY 2 attorneys nation wide that has attend both of the American Chemical Society courses on Gas Chromatography.  One course is for the scientists and the other is designed for attorneys.
• Josh is one of very few Oklahoma attorneys to receive formal training as a Drug Recognition Expert (DRE).  This knowledge is an absolute necessity to defend a person accused of driving under the influence of drugs.  And yes you can be charged even though you have a valid prescription.  
• Josh received Salutatorian honors at the 2009 Forensic Blood & Urine Seminar held in San Diego, California.  This class was taught by many of the world's foremost experts such as Dr. A. W. Jones, Dr. Joseph Citron, Dr. Al Staubus, Jan Semenoff, and Dr. Frederic Whitehurst to name a few.  This rigorous training covered areas such as Metrology; Forensic Laboratory Operation; Venipuncture; Hospital Blood Testing; Alcohol & Drug Blood Testing in a Toxicology Lab; Absorption, Distribution, Metabolism, and Excretion of Alcohol; Pharmacological Aspects of Drugs; DNA Evidence; and Breath Testing just to name a few.
• Josh attended the 2010 Forensic Breath Testing Seminar held in Atlanta, Georgia.
• Josh has attended the National College for DUI Defense's Summer Session held at Harvard Law School in Cambridge, Massachusetts.
• Josh attended the National College for DUI Defense's 16th Annual Mastering Scientific Evidence Course held in New Orleans.
• Josh attended the National College for DUI Defense's 17th Annual Mastering Scientific Evidence Course held in New Orleans.
• Josh has attended the Western Trial Advocacy Institute in Laramie, Wyoming.
• Josh is a former 911 Dispatcher & Police Officer and he also worked in the Tulsa County District Attorney's office.  He has experience on literally all sides of the criminal justice system.  
• Josh is a former member of the Association of Oklahoma Narcotic Enforcers (A-One).  While he was an active member he attended A-One's Specialized Narcotic & Dangerous Drug Training Course.

Questions You Should Ask Every Attorney You Are Considering Hiring to Defend Your Rights 

1. Are you a member of the National College for DUI Defense?
2. Have you attended the National College for DUI Defense's Summer Session held at Harvard Law School?
3. How many times have you attended the Mastering Scientific Evidence Course in DUI/DWI Cases seminar that is held annually in New Orleans?
4. What specialized training do you have in defending DUI cases?
5. Can you describe to me how alcohol is absorbed, distributed, metabolized, and eventually processed out of the body?
6. Do you attend numerous seminars every year specifically designed for the defense of a DUI case?
7. Are you NHTSA certified to perform the SFSTs? (if they don't know what NHTSA is or what SFSTs are I suggest you leave immediately)
8. Are you a NHTSA certified instructor of the SFSTs?
9. Have you taught at a SFST student certification course?
10. Would you explain to me what Horizontal Gaze Nystagmus is and how it is checked for by an Officer?
11. What instrument does Oklahoma use to measure breath alcohol content?
12. Do you know how this machine works?
13. What are the common problems associated with this machine?
14. What instrument does Oklahoma use to detect and measure the amount of alcohol and/or drugs in blood samples.
15. Have you been trained on the operation and maintenance of this machine?
16. Should I request an administrative hearing on the issue of the revocation of my driver's license? (DUI defense attorneys will tell you that it is their opinion that it is malpractice NOT to request an administrative hearing.  Why?  Schedule an appointment to see me and I will tell you why.)
17. Are you certified by the state of Oklahoma as an Independent Operator of the Intoxilyzer 5000?
18. Are you certified by the state of Oklahoma as an Independent Operator of the Intoxilyzer 8000?
19. What are the differences between the 5000 and the 8000?
20. Have you completed the American Chemical Society course "Gas Chromatography: Fundamentals, Troubleshooting & Method Development?"
21. have you completed the American Chemical Society course "Forensic Chromatography: Theory and Practice?"
22. Please explain what GC/MS means?
23. Will they guarantee you a win?  (If they do you better run away fast.  No attorney can ethically or legally guarantee you results.)

Certificates & Pictures
 

Take your time and choose your attorney wisely.
Don't let an attorney, who is not qualified, try to convince you that a DUI can be properly defended by any attorney.