Misdemeanor DUI in Oklahoma
First-time DUI in Oklahoma
It is important to know your rights and retain an Oklahoma DUI Defense Attorney if you or a loved one is charged with first-time DUI, APC, DWI, or Aggravated DUI in Oklahoma. In order to be charged with DUI in Oklahoma your blood alcohol content “BAC” must be .08% or higher when you are arrested. In order to be charged with Aggravated DUI in Oklahoma, your BAC must be .15% or higher when you are arrested.
Generally, first-time DUI offenses are charged as misdemeanors, which is not as serious as a felony. First-time DUI offenses are misdemeanors, unless a child is in the car, in which case you may be charged with the felony offense Child Engagement. Additionally, if an accident takes place you may be charged with felony DUI resulting in Great Bodily Injury, which carries up to five years in prison.
Your DUI or APC charge may be elevated to a felony charge, if you have a prior DUI or APC from a court of record within ten years.
What punishment will I face with DUI misdemeanor conviction?
The punishment for 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 you case would be dismissed. In most cases, a first time DUI offense can be dismissed after certain conditions or requirements are met.
In 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.
What Happens to My Driver’s License with a DUI?
In additional 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 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 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 the 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.
Our Client Reviews
Over 250 5-Star Google Reviews
"John has shown nothing but compassion and professional guidance in my case. He truly cares about his clients and is exceptionally understanding when it comes to any case he is representing. He communicates genuinely as well as in a timely matter. If I were able to give his firm any more than 5 stars, I most definitely would. He is incredible."
"John Cannon is an awesome attorney. He is very professional and honest. He really cares about his clients. John always gets back to you quickly to answer any questions you have regarding your case. I highly recommend CANNON & ASSOCIATES for any legal needs you may have."
"John Cannon has helped me through the hardest time in my life. He helped me through my divorce and custody case. He truly cares about his clients and it made me so happy he always put my daughter first and wanted what was in her best interest as a child. He is very sharp and resourceful and he has been very attentive and responsive to my needs, John is very polite and professional and he always has a great attitude. John always took the time to go over everything and explain everything in depth. I've enjoyed working with John and his team and would recommend him to other clients."
"I have known John for about 6 years now in his capacity as a Judge Advocate and a civilian attorney. John has a rare blend of both sharp analytical and interpersonal skills. I have seen John achieve positive outcomes for clients in complex scenarios and If you need an attorney who can do the same for you - this is your guy."
"John did a very good job. Although the outcome was not 100% what we expected(strange judgement) it was overall positive. I would, have and will continue to recommended him. Although I certainly hope to not need his services again in the capacity I hired him for I would not hesitate to call if I do. Thanks John"
"I signed up with John June 25th, July 5th I received an email that my case is in line to be DISMISSED, within a 2 week time period John made what was one of the most stressful times in my life better! Every case is different but he handled my case with care and he was extremely open in his communication throughout the whole process. I hope to never have to have a criminal attorney again but if I do I will definitely go back to John. I highly recommend him to anyone else who is needing an attorney!"
"John is a highly respected attorney. Professional and compassionate. He has a wealth of knowledge, being a military officer and having served as an Assistant District Attorney, a Public Defender, and an Assistant Attorney General. He helped a friend's son who was headed down the wrong path, but through John's legal defense the young man is now a successful business owner."
"John is a very professional attorney, who is not only concerned about the welfare of his client but very attentive and considerate of the family, or other bodies that are in the face of the adversity. While working on my family members case, John took time out to take a class that would educate him on how to approach the many different types of cases tried in the court room. John proved his sincerity to the calling of his job, being an attorney. I would definitely recommend him to anyone."
"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!! John took the reigns and provided us instant peace of mind. He was timely, respectful, transparent, very professional, honest and courteous. The service he provided was above and beyond our expectations. Can’t believe professionals like him are around. Highly highly without reservations recommend him and his team."
"John Cannon is an excellent attorney. He takes sincere interest in your needs. He maintains communication and provides all the information you might want to fully understand the legal process. He also suggests alternative resolutions to your legal needs so that you can make informed choices. I definitely recommend John."
"My experience with CANNON & ASSOCIATES was absolutely amazing. I hired John Cannon two days before my rebuttal statement was due back to the Staff Judge Advocate. Within that time frame he was able to talk to my Battery and Battalion Commanders, review my evidence, and help me write a rebuttal statement that help prove my case to them, the Brigade Commander and the Post Commanding General. Cannon worked thru the night to help me get the best results for me and my family. Due to his hard work and attention to detail I am still able to continue to serve my country and progress in my military career with no adverse actions on my record. I can not thank him enough on a job well done. Cannon showed me that he was invested in my case and I highly recommend you hire him when you need someone to represent you in a legal matter."
"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I would highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."
"Hands down the best lawyer. Mr.Cannon accepted my case and got on it the same day. I would give him 10 stars if I could. I really appreciate the dedication on how he handles things with a short time frame."
"Mr. Cannon has represented me on 2 criminal cases and one civil case over the past 4 years. He has always served me honestly, speedily and with good moral direction. John has integrity and humility. He has never belittled me or treated me in an unfair manor. I appreciate all that he has done for me and I most certainly recommend him to family, strangers and friends. I will definitely use Mr. Cannon in the future for any and all of my family's legal matters."
"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!!"
"I had a great experience with John. He is very personable and helped me a lot. I’m really grateful I found him. He made me feel confident that he was the right lawyer for my case and that he wasn’t trying to sell me but genuinely just wanted to help me. I would highly recommend John to anyone!"
"Working with Mr. Cannon has been a real life-saving experience for me and my family. He provides the knowledge of the possibilities as soon as he can get them, then works tirelessly to ensure that any concerns or questions are addressed immediately. He has been a great asset to us not only in the face of legal troubles, but in providing a sense of security that is truly reassuring in the face of the uncertain.Mr. Cannon has been a great resource and has been very patient with me. From the start he provided a list of things to do that would help me help him with my case and since the beginning has continued to give advice or suggestions on any matter that has bothered me with my situation, large or small. He is gentle, yet realistic, and this combination really does become a rock in tumultuous times such as these.I would highly recommend Mr. Cannon to anyone who needs a vigilant and committed attorney, especially one that stands by your side until your issue is resolved. He goes above and beyond not only to work, but to care for his clients!"
"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."