The distinction between DUI and DWI charges in Oklahoma is crucial, though often misunderstood. While both involve operating a motor vehicle under the influence, they carry distinct legal consequences.
What does DUI mean under Oklahoma law?
Pursuant to 47 O.S. § 11-902, operating a motor vehicle under the influence of alcohol or any other intoxicating substance is prohibited. This statute specifies that a BAC (Blood Alcohol Content) of 0.08 or above constitutes a DUI offense. Unlike DWI, DUI charges do not stipulate specific thresholds for intoxicating substances beyond alcohol.
What does DWI mean under Oklahoma Law?
On the other hand, 47 O.S. § 761 outlines DWI offenses, which occur when a driver’s BAC falls between 0.05 and 0.07. While still impaired, penalties for DWI are generally less severe compared to DUI violations.
Understanding Intoxicants Under Oklahoma Law
Expanding on the notion of “intoxicants” beyond alcohol, Oklahoma law encompasses various substances, not limited to illicit drugs or prescription medications. Illicit drugs such as cocaine, ecstasy, fentanyl, and methamphetamine can lead to DUI charges. Moreover, any trace of a Schedule I drug in a driver’s system can result in additional legal consequences.
Beyond illegal substances, legally prescribed medications like anxiety and pain pills can impair driving and may lead to charges. Additionally, over-the-counter drugs, including cough syrups and nighttime cold medications causing drowsiness or lightheadedness, or other medications resulting in side effects can prompt legal action if they impair one’s driving ability.
How to find the Best DUI Defense Lawyer?
When it comes to finding a DUI defense lawyer in Oklahoma the options seem limitless. You likely feel like every attorney in Oklahoma City practices DUI defense. However, there are many factors to evaluate in determining the best DUI defense lawyer for your case. The following are a few important questions to ask when evaluating the best DUI defense attorney for your case:
1. What is the DUI lawyer or DUI defense firm’s track record for success?
Cannon and Associates is proud of our track record, which is the basis for our trademark of being Your Fierce Advocates®.
2. Does the DUI defense lawyer have an investigator on staff?
We know the importance of investigating a client’s innocence and we are proud to work with some of the best investigators in our industry.
3. Will your DUI defense attorney investigate your defense or simply review the police reports?
We work hand in hand with every client we have the privilege to represent and will develop a defense strategy to seek dismissal of your case and/or the best alternative outcome available in your Oklahoma DUI case. Our strategy involves investigating your defense and confronting the government with your defense at the appropriate time.
4. Will your DUI defense attorney obtain the dash cam and all other available evidence in your case?
Our team and investigators will obtain the dash cam and body cam footage in your case for you and your defense team to review prior to entering a plea or deciding whether or not to fight your case. We will obtain, organize and provide you access to all discovery in your Oklahoma DUI case.
5. What other types of legal work does the attorney handle?
The criminal defense team at Cannon & Associates does one thing, defend clients facing the criminal justice system. It is in your interest to work with a defense attorney that spends the majority of their practice handling DUIs or criminal defense matters. We defend citizens facing DUI, DWI, and APC charges in Oklahoma day in and day out.
6. What do the clients of a specific Oklahoma DUI defense attorney say about them?
Reputation matters, here at Cannon & Associates we are proud of having over 600 5-Star Google reviews and we are passionate about seeking the best outcome possible for every client and family that we serve.
We cannot guarantee an outcome in your Oklahoma DUI case; however, we can guarantee our effort and that we will ensure you understand your options at every turn and that Your Fierce Advocates® are by your side.
Conclusion
Understanding the distinctions between DUI and DWI charges in Oklahoma, as well as the broad scope of substances covered under state law, is crucial for motorists. Being aware of these distinctions can help individuals avoid potential legal repercussions and contribute to road safety for themselves and others. Call Cannon & Associates at (405) 657-2323 if you or a loved one has been arrested or charged with DWI or DUI in Oklahoma. We look forward to answering your questions in a free confidential Case Strategy Session.