First-Time DUI Defense in Oklahoma
What Happens When You Get A First-time DUI in Oklahoma?


Oklahoma DUI Laws
Oklahoma DUI offenders will face either of these three charges;– Operating a vehicle with a blood alcohol concentration that is higher or equal to 0.08%– Operating a vehicle with any amount of a schedule I controlled substance in the body system; or– Operating a vehicle under the influence of drugs or alcohol so much that the driver cannot observe road safety rules.In Oklahoma, to get a conviction against a first-time DUI offender, the prosecutor is required to prove the defendant is guilty of one of these three DUI allegations. In most cases, the prosecutor may build his or her case around the blood alcohol content (“BAC”), which is higher than the legal limit at the time of the arrest. Added to the BAC, the prosecutor may also enlist the arresting officer as a witness in the case. The arresting officer’s testimony regarding admissions made, behavior at the time of arrest, and presence of alcohol in the vehicle during an arrest can negatively impact your DUI defense. DUI prosecutors often try to strengthen the case against you for DUI by presenting Field Sobriety Tests, breathalyzer tests, and photographic or video evidence of DUI as well.Penalties for A First-Time DUI Offense
The punishment for a misdemeanor DUI depends on a number of factors, including whether your case is filed in municipal court or state court; your criminal record, if any, outside the existing DUI charge, and your conduct during the DUI arrest.Misdemeanor DUI offenses carry up to a $1,000 fine and jail time of at least ten days and a maximum of one year in jail. Unless you have a criminal record outside of your pending DUI case, you will likely not be required to serve any jail time for a first-time misdemeanor DUI offense in Oklahoma.Your sentence may be deferred in a first-time misdemeanor DUI offense, which means you would enter your plea with your attorney, and sentencing would be deferred or set off for a set period of time. Upon successful completion of the time period without probation violations or new criminal charges your case would be dismissed. In most cases, a first-time DUI offense can be dismissed after certain conditions or requirements are met.It is important to know the requirements of your probation, because a failure to complete one condition may result in a conviction or even jail time in your case. Additionally, any DUI offense resolved before a court of record, including Oklahoma City municipal court, may cause a subsequent DUI offense to be elevated to a felony based on the prior offense.Factors Affecting Your DUI Penalties
The penalties you face will vary according to the specific circumstances surrounding your case and any prior convictions. If your BAC was 0.15% or more, the DUI is considered “aggravated,” which increases the penalties. Refusal to submit to chemical testing will result in an automatic driver’s license suspension for at least 180 days.If the DUI caused death or bodily injury to another person, the charge will be a felony DUI, and this carries much harsher penalties, including a mandatory prison sentence of at least one year and up to five. Additionally, if you’re under the legal drinking age, you will fall afoul of Oklahoma’s zero-tolerance rules if there is any detectable alcohol in your system, even if you’re well below the legal limit for adults.Possible Defenses
While it may seem like an open-and-shut case, DUI charges can always be disputed, and a skilled DUI attorney may be able to do more than you think. You won’t know until you get in contact. Your lawyer will closely examine the circumstances of your arrest to find potential defenses.Unreasonable Stop
The officer may not have had reasonable suspicion to conduct the traffic stop in the first place, and if there was no reasonable suspicion of criminal activity or any traffic violation, any evidence obtained from the stop could be excluded at your trial.Questionable Tests
Officers often administer field sobriety tests, which can be subjective and inaccurate. They might also be improperly performed, and the results can be potentially influenced by underlying medical conditions, fatigue, or even the conditions where they are administered.Even chemical testing devices like breathalyzers are not infallible. They must be properly calibrated and maintained, and your lawyer can demand to see the records showing that this was being done faithfully. If the officers’ equipment wasn’t being maintained, the results may not be dependable, and inaccurate results can form the basis for a strong defense.Rights Violations
Finally, it’s also possible the police may violate your rights at some point during the arrest or investigation. Violations of your rights have the potential to result in suppression of some of the evidence that is critical to the prosecution’s case.

How Can I Get My DUI Dismissed in Oklahoma City?
If you have been charged with a misdemeanor DUI in Oklahoma City, the process for getting your case dismissed may be similar to that of a standard DUI. However, the specific outcome will depend on the circumstances of your case and the laws in Oklahoma. Here are some potential options for getting a DUI dismissed in OKC:- Challenge the legality of the traffic stop: If the police did not have probable cause to stop your vehicle, any evidence gathered during the stop may be inadmissible in court. This could potentially lead to the dismissal of your misdemeanor DUI case.
- Challenge the accuracy of the breathalyzer or blood test: If the breathalyzer or blood test was not performed correctly or the equipment was not properly calibrated, this could potentially lead to the dismissal of your case.
- Plead to a lesser charge: In some cases, it may be possible to negotiate with the prosecution to have your misdemeanor DUI charge reduced to a lesser charge, such as reckless driving.
- Show that the prosecution lacks sufficient evidence: If the prosecution does not have enough evidence to prove beyond a reasonable doubt that you were driving under the influence, your case may be dismissed.
What Happens to My Driver’s License with a DUI?
In addition to criminal charges for 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 has a lower burden to take your driving privileges than to convict you. You or your attorney must contact DPS within 15 days of being arrested for 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 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 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 the 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 First-Time DUI Defense Lawyer in Oklahoma
Contact CANNON & ASSOCIATES in Oklahoma City for your DUI or APC 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 APC case. A conviction for DUI or APC 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 today if you have been charged with DUI, DUI under 21, Aggravated 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 a wide variety of criminal charges in Oklahoma, including 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.