DUI Defense

DUI DEFENSE ATTORNEY IN OKLAHOMA CITY

Facing a Driving While Under the Influence of Alcohol or Drugs (“DUI”); Driving While Impaired (“DWI”); or Being in Actual Physical Control while under the Influence (“APC”) is a daunting obstacle to overcome in Oklahoma. When charged with a DUI or DWI you are facing the potential of jail time, lost employment opportunities, substantial probation and court costs, as well as the potential loss of your driving privilege, that right driving is a privilege not a right. All this is to say, it is essential that you obtain competent and zealous representation as soon as you are arrested on suspicion of a motor vehicle or other offense involving operating, while intoxicated, i.e. DUI, DWI, or APC. One key to the expediency of retaining counsel in a DUI, DWI, or APC case that is not at issue in other criminal charges is the very limited time window you have to seek a modified driver’s license or a contested hearing with the Department of Public Safety (“DPS”) before your license is revoked.

Definitions and Information

This area of criminal defense is one of the most complicated in Oklahoma or any jurisdiction for that matter. DUI and the surrounding charges, legal principles, and administrative action involving DPS and your driver’s license all intertwine into a formula, which you and your counsel must navigate or suffer financial consequences and the loss of your driver’s license.

First the most common term, DUI: the act of operating a vehicle while being over the legal limit for blood alcohol content (“BAC”). In Oklahoma, a BAC of .08 percent or higher constitutes DUI for any driver 21 years of age or older. In Oklahoma, a BAC of .04 percent or higher constitutes a DUI for commercial driver’s license, which can amount to one drink within a relatively short period of time for some individuals.  Additionally, in Oklahoma, a driver under the age of 21 can be convicted of DUI for a BAC above zero percent. DUI does not only apply to motor vehicles, cars. It can apply to boats, utility vehicles, all-terrain vehicles (“ATV”), motorcycles, mopeds, heavy machinery/construction equipment, and other conveyances. Additionally, DUI can be constituted by drugs, commonly referred to as DUI-D.

Second, APC: the act of being in physical control of a motor vehicle or other conveyance, discussed above, while under the influence of alcohol/drugs. You can be arrested, charged, and convicted of APC for being asleep in a parked car, while intoxicated, on or adjacent to a public road.

Third, Implied Consent, in Oklahoma, as mentioned earlier driving is a privilege, not a right; therefore, all driver’s implicitly consent to one of the following tests to determine, if a driver is intoxicated: blood test to determine chemical makeup of your blood, i.e. BAC; urinalysis to determine BAC; or a breath test, i.e. breathalyzer to determine the content of your breath, which is alcohol to formulate a BAC. Failure to submit to one of the Oklahoma tests can subject you to harsh penalties related to your driver’s license privilege as well as criminal and financial penalties.

Consequences of a DUI Conviction in Oklahoma

A criminal charge and a warrant for arrest, in District or Municipal Court, will follow an arrest for DUI, DWI, or APC. Being convicted of one of these offenses comes with harsh penalties, including, but not limited to the following:

  • Loss of your Driver’s License or Commercial Driver’s License privilege
  • Mandatory completion of an alcohol/drug assessment and program (“ADSAC”)
  • Attendance of a Victim’s Impact Panel
  • Narcotics Anonymous (“NA”) or Alcoholics Anonymous (“AA”) meetings
  • Jail time
  • Commnity Service
  • Ignition control devise, installed in any vehicle you operate at your expense
  • Personal and professional consequences

Potential Federal Crime, DUI, APC, or DWI constitutes a federal crime, if the offense occurs on federal land, including Tinker Air Force Base, Ft. Sill, Vance Air Force Base, or any federal land, such as national parks. 

which is affected by the type of violent crime you are facing and your criminal record. Violent crimes in Oklahoma, as in other states, involve actual and threatened bodily harm to another person. The list of violent crimes in Oklahoma, include, but is not limited to the following: Murder, Manslaughter, Rape, Aggravated Assault, Assault & Battery with a Dangerous/Deadly Weapon, Kidnapping, Robbery, and other crimes.

Know your Options, if Accused or Charged with a Violent Crime in Oklahoma

It is important to know your rights and retain an Oklahoma criminal defense attorney with experience defending DUI; DWI; and APC cases as soon as possible. Your life and freedom are on the line and you need a defense. Defenses are available in your criminal case and administrative proceeding before DPS, but you need a defense attorney who can use this information to your benefit. The fact you were arrested and charged with DUI, does not mean you will be convicted. You have rights and your attorney will ensure they are protected. Defenses are available to contest your charges and the tests police conducted; however, an experienced DUI defense attorney is needed to maximize your chance for a successful outcome. An experienced Oklahoma DUI attorney can reduce the negative impact your case has on your life and may be able to obtain a dismissal. The following are common Constitutional and other legal grounds to be raised by your Oklahoma DUI defense attorney:

  • Police lacked probable cause to pull you over, a Constitutional requirement prior to seizing a driver;
  • Police violated other Constitutional Rights: access to counsel; improper questioning; improper search of your vehicle or person. You can learn more about Vehicle stops in this article, which I had published in the Oklahoma Bar Journal. (Link to OBJ article on vehicle searches)
  • In an APC case, you may not have legal actual physical control of the vehicle;
  • Most commonly, the officer failed to follow proper procedure in administrering or interpreting the Field Sobriety Test (Link to FST Video page);
  • The testing device, Breathalizer or BAC device was not functioning correctly or not calibrated correctly.

Choose an Experienced Crime Lawyer For Your DUI Defense

When faced with a DUI; DWI; or APC charge that is threating your future, finances, and freedom in Oklahoma, contact Cannon Law Firm in Oklahoma City for your defense. John will do everything possible to defend your freedom and your future. You have the right to the presumption of innocence and representation by the best criminal defense attorney you can find. John will investigate the allegations; examine law enforcement conduct; ensure police followed proper procedure and the testing equipment was used properly; identify all potential defenses; and identify every weakness in the prosecution’s case.

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 other criminal case. Exhibited by, John being recognized as a Top 40 under 40 in Criminal Defense by the National Trial Lawyers Association. Additionally, he has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of DUI and related charges described above, evidenced by receiving the highest possible AVVO rating – 10 (superb). Contact Cannon Law Firm today. 


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