Oklahoma DUI Attorney

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Oklahoma DUI Law

In the state of Oklahoma, it is illegal to drive while under the influence of alcohol or drugs. If you arrested and convicted of this offense, you face serious criminal and administrative penalties that have a strong potential to reduce your quality of life and make it difficult for you to carry out normal activities such as maintaining employment or attending college. These penalties can also tarnish your reputation and leave you with a criminal record that can haunt you forever. Because this offense and the associated penalties are so severe, it is important that you contact an Oklahoma DUI lawyer as soon as possible after your arrest. Having an Oklahoma DUI attorney represent you is your best chance of having a successful outcome in your DUI case.

Oklahoma DUI Arrests

If you are arrested for driving under the influence in the state of Oklahoma, two separate cases will be commenced against one. One is a criminal case since driving under the influence is a crime. You will be charged with driving under the influence and any other offenses related to that offense and you will face substantial criminal penalties. The second type of case is an administrative action against you. In this case, the state will seek to suspend your driving privileges for a period of time that matches the level of the offense and any special circumstances. You may be charged under two theories in the state of Oklahoma. One is the traditional driving under the influence charge where you are prosecuted based on your level of impairment while driving. The prosecutor may introduce information about your driving patterns or your appearance at the time of your arrest. The second is a "per se" theory where the prosecutor does not have to show a specific level of impairment. In this type of case, the prosecutor is relying on the results of your chemical test to show that you are guilty of committing a DUI offense. If this test shows that your blood alcohol level is 0.08% or greater, this means that you were under the influence as defined in the "per se" laws.

There are three offenses that are all related. You will be charged with the offense that most closely matches the facts of the case. DUI stands for driving under the influence and is the most traditional charge that offenders face. APC or Actual Physical Control is an offense that is different from a DUI offense. You will be charged with an APC if you are parked and have the ability to operate the vehicle if you wanted to operate it after consuming alcohol. The penalties for an APC are the same as for a DUI so it is important that you avoid this type of behavior after you have consumed alcohol. DWI is driving while impaired by alcohol and is charged against a driver who has a blood alcohol concentration level below 0.08%. All of these offenses can result in penalties that can disrupt your life. Contact an Oklahoma DUI attorney immediately after your arrest to preserve your rights and make sure you have a qualified legal professional to handle your case.

Oklahoma DUI Driver's License Penalties

When you are arrested for a DUI, DWI, or APC offense, your license will automatically be suspended 30 days after your arrest. If you do not take any action, this suspension will take effect and you will have no opportunity to have the suspension lifted. You must request a hearing on your license suspension within 15 days of your arrest. Contacting a skilled Oklahoma DUI attorney can help you to win your suspension hearing and keep your driving privileges until your criminal trial takes place. If your license remains suspended, the Department of Public Safety will keep the suspension in effect for 6 months to three years depending on the number of prior offenses you have had. You may not drive for any reason while your license is suspended unless you are eligible for a work permit. This work permit would allow you to get to and from work and other necessary locations. Consulting with an Oklahoma DUI attorney is the only way to give yourself a chance of saving your driving privileges after a DUI arrest.

Oklahoma DUI Criminal Penalties

The criminal penalties associated with APC, DWI, and DUI can be severe depending on the number of prior offenses and any aggravating circumstances involved in your case. A first offense is considered a misdemeanor and carries penalties of a $1,000 fine and not less than ten days and not more than one year in jail. A second offense increases these penalties to a fine of not more than $2,500 and jail time of not less than one year and no more than five years. Another felony offense results in fines of not less than $5,000 and jail time of not less than one and no more than seven years. A third or subsequent offense carries penalties of a fine of not more than $5,000 and jail time of not less than one year and not more than seven years. These penalties are severe; contacting an Oklahoma DUI attorney will help you to navigate the legal system and defend the charges you are facing so you can avoid these harsh penalties.

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