Aggravated DUI Defense
From an Expert’s perspective.
I recently completed a criminal trial in which I served as an expert consultant and witness, and Mr. Cannon was the lead attorney for the defense. I was impressed with his strategy and behavior both in and outside of the courtroom. He is thoughtful, well versed in the law, and commands a presence in court. He is clearly committed to providing the best possible service to his clients. – Kim Fromme
Your Rights in Aggravated DUI case
It is important to know your rights and retain an Oklahoma DUI Defense Attorney if you or a loved one is charged with Aggravated DUI in Oklahoma. In order to be charged with Aggravated DUI in Oklahoma your blood alcohol content “BAC” must be .15% or higher when you are arrested. An Aggravated DUI is not a felony; however, it does come with stiffer penalties than a simple DUI, including: fines and probation terms.
First Aggravated DUI in Oklahoma
A first offense misdemeanor DUI may result in six months in jail for municipal charges or up to one year in jail for a first time DUI filed in state court. The maximum fine, by statute, in state court misdemeanor DUI cases is $1,000; however, the fines vary greatly in municipal court. In Oklahoma City municipal court a first time DUI carries up to a $1,200 fine.
Aggravated DUI charges may carry additional penalties, including: mandatory in-patient treatment for alcohol abuse for a minimum of 28 days and one year of aftercare following release from in-patient treatment, alcohol monitoring during probation, mandatory instillation of an ignition interlock device, and 480 hours of community service. Yes, 480 hours of community service is required for Aggravated DUI offenses in Oklahoma.
What are the Driver’s License Implications with an Aggravated DUI?
In additional to a criminal charge and case concerning an Aggravated DUI, you also will face an administrative process with the Oklahoma Department of Public Safety “DPS” regarding your privilege to drive. Courts have determined that driving is a privilege granted by the State, not a right; therefore, the State can more easily take your driving privileges. You or your attorney must contact DPS within 15 days of being arrested for Aggravated DUI to request an administrative hearing to have a chance to retain your license. A DPS officer will determine at the hearing whether the Board of Tests rules were complied with by the officer that arrested you for Aggravated DUI. Our firm will request and conduct the hearing on your behalf, if you hire us within 15 days of your arrest for DUI.
Your license will be automatically suspended on the thirtieth day following your Aggravated DUI arrest, if you do not request an administrative hearing within 15 days of your arrest. This rule applies to every person and to every case, unless a blood test was taken instead of a breath test or refusal to take the State’s test. When a blood test is taken following an alleged DUI, the 15 day clock runs once notice of testing over the legal limit is received.
Experienced DUI Defense Lawyer in Oklahoma
Contact CANNON & ASSOCIATES in Oklahoma City for your DUI or Aggravate DUI defense. You have the right to the presumption of innocence. John Cannon is a Fierce Advocate for every client and will use his experience and respected reputation to do everything possible to reach the best possible outcome in your DUI or Aggravated DUI case. A conviction for Aggravated DUI or simply DUI may have long lasting effects and penalties. John has been recognized as a Top 40 under 40 in Criminal Defense by the National Trial Lawyers Association.
Contact CANNON & ASSOCIATES if you have been charged with Aggravated DUI, DUI, DWI, or APC charges in Oklahoma. CANNON & ASSOCIATES has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of criminal charges in Oklahoma, including Aggravated DUI, evidenced by John receiving the highest possible AVVO rating – 10 (superb). Call our office at (405) 657-2323 for a free confidential consultation and case evaluation.