Underage DUI Charges in Oklahoma
What Are The Penalties for a Minor Driving Under The Influence?For people under the age of 21, there is an underage DUI charge. Unlike other DUIs, a minor DUI charge will not result in prison time if you are found guilty. Instead, you will face a vast amount of community service to be completed if convicted. As such, underage DUI charges come with lesser penalties than being convicted of a DUI as an adult. These penalties can vary depending on whether it’s your first offense or not. The penalties for each conviction can be seen below:
- First conviction– A minimum fine of $100, ranging upward to $500. At least 20 hours of community service, and completing a drunk driving treatment program.
- Second conviction–A minimum of 240 hours of community service. A fine ranging from $100 to $1,000. You may also have to complete a driver’s drinking program.
- Third or subsequent conviction–A minimum of 480 hours of community service. A fine of $100 to $2,000, and/ or completion of a treatment program and potential loss of their driving privileges for some time.
Can I Still Be Charged With a Full DUI If I’m a Minor?Depending on the case, your blood alcohol content, and your actions while under the influence, yes – you could still be considered for a usual DUI charge regardless of age.You can be charged with a regular DUI under the following circumstances:
- Your BAC was much higher than that of 0.08%.
- You were involved in a road accident caused by your driving under the influence.
- Someone was injured due to your dangerous driving under the influence.
What Are The Penalties For an Adult DUI in Oklahoma City, OK?The criminal charges that you may face can vary massively when it comes to your case, as there are a lot of different situations that can make your charges more or less severe.Jail time can be common in DUI cases. For a first-time DUI offense, you won’t likely be looking at incarceration.However, the likelihood of going to jail increases with the number of offenses you have committed and how serious these offenses are. The amount of time you may have to serve in jail will depend on how many prior convictions you have and your BAC content when breathalyzed.You could also be looking at hefty fines ranging from $500 to $2,000. Again, this fine could be drastically higher depending on whether it’s a first offense.Finally, when arrested for a DUI, you will be automatically handed a license suspension, losing your driving privileges for several months, or even years, depending on the severity of your case. If it is your fourth offense, you’ll receive a license revocation, meaning you’ll lose your driver’s license permanently. A DUI attorney may be able to help you avoid this.If you are a minor who has been arrested whilst under the influence of alcohol and are looking at a full DUI charge, not an underage DUI in Oklahoma City, then contacting an Oklahoma City criminal defense law firm should be your first port of call.
What is an Actual Physical Control Charge?You could potentially be charged with a drunk driving offense even when you are not physically operating a vehicle. If accused of attempting to or planning to operate your vehicle, whilst under the influence of alcohol, then law enforcement can issue an “actual physical control (APC)” charge.An example of where you might be charged with an APC is seen below:
- Sitting in your motor vehicle with the ignition on whilst over the legal limit.
- Sat in a vehicle that’s either broken down or run out of gas.
- If you are a passenger who has assumed control, or touched the driving wheel whilst under the influence of alcohol.
What Happens to My Driver’s License with DUI under 21?In addition to criminal charges for DUI under 21, 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 under 21 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 under 21. Our firm will request and conduct the hearing on your behalf if you hire us within 15 days of your arrest for DUI under 21. Your license will be automatically suspended on the thirtieth day following your DUI under 21 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 under 21, the 15-day clock runs once notice of testing over the legal limit is received.
Far-Reaching Consequences of DUI under 21In addition to the potential for losing your license and a criminal conviction, DUI under 21 may have a negative impact on your employment and education. Many employers take DUI under 21 or DUI charges very seriously, which may result in you losing your job, if you do not take the proper steps to protect your job. Additionally, high schools, colleges, and universities frown upon students charged with DUI under 21 or DUI, which may subject you to disciplinary action or worse expulsion. It is important you discuss these issues or concerns with your chosen DUI defense attorney.
Protect Your FutureYou need an experienced DUI defense attorney immediately if you or a loved one is facing DUI under 21 charges. The negative implications of a conviction for DUI under 21 cannot be overstated and it is crucial you retain experienced counsel to help protect your license and your future.
Do I Need a Criminal Defense Lawyer for a DUI in Oklahoma City, OK?If you are an adult above the age of 21 or a minor who has been arrested for being over the limit while driving, then yes. We would strongly advise that you seek immediate legal representation to minimize the criminal charges that are being held against you.Our capable DUI attorneys at Cannon & Associates will offer you a free consultation with any case. They have plenty of experience in helping clients accused of DUIs.Don’t hesitate to call them today at 405-591-3935
How An Oklahoma City DUI Attorney Can Help YouIn Oklahoma City, and anywhere else in Oklahoma, a conviction for driving while impaired can easily affect you for the rest of your life, especially if you’re a minor. An Oklahoma City minor DUI defense lawyer can help you navigate through the difficult criminal law systems in Oklahoma City. An attorney could help you with your criminal defense in the following ways:
Reviewing Your CaseOur criminal defense firm has years of experience when it comes to dealing with clients in Oklahoma who have been arrested for a criminal conviction.Our DUI attorneys in Oklahoma City will review all evidence given in the case and give you the best chance of minimizing your charges, getting your charges dropped or reduced, or minimizing the penalties you face.
Exploring Your DefenseWhen facing an underage DUI, or a regular DUI, our DUI defense attorneys will target the most common weaknesses in these types of cases.A few examples of weaknesses in the prosecution’s case could be:
- An unlawful stop by the police officer.
- A faulty breathalyzer.
- Improper police conduct.
Alternatives to Fight a Minor DUI ChargeIn all cases, there are alternative pleas to fight a criminal conviction.
Alternatives to Community ServiceA lot of the time, even if pleading guilty, there are ways to reduce community service orders. An example of this might be completing a prolonged drug and alcohol treatment, to show respect and remorse for your mistake.
Take Your Case to TrialIf you believe that you are innocent in your minor DUI case, you can take your case to court. If this is the case, then we advise that you have capable legal representation with you, as the law in these matters can be very tricky.A DUI attorney in Oklahoma City from Cannon & Associates has the experience needed to help you with a case you want to take to trial. You should contact them as soon as possible, so they have plenty of time to thoroughly review your case and build a strong and solid defense.
Post-Trial Appeals and SentencingOur law firm will fight aggressively to help secure a reduced sentence, whether that’s less community service, a reduced fine, or even less time in jail.DUI charges can carry severe consequences. For minors, you will have to hold this conviction for up to 5 years on your criminal record. This can have a huge impact on your life, so contact a DUI lawyer to help minimize the effect today.
Contact Cannon & Associates Law Firm an Experienced DUI under 21 Defense Lawyer in OklahomaAll criminal convictions must be taken with the utmost seriousness. Minor DUI charges are no different, so you should seek representation immediately after being charged. Seeking legal counsel will also give you the best possible chance of receiving a reduced sentence, or even getting your case dismissed altogether. Whether it’s personal injury, family law, or criminal defense lawyers that you need, we are here to serve you. We can provide you with decades of experience, skill, and endless resources. 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 DUI under 21 case. A conviction for DUI or DUI under 21 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 under 21, 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 a wide variety of criminal charges in Oklahoma, including DUI under 21. Call our law offices to speak to an experienced Oklahoma City DUI attorney now. You can get in touch with us by calling 405-591-3935.
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