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A DUI conviction in Oklahoma carries serious consequences, including jail time, license suspension, fines, and a permanent criminal record. Many assume that a DUI charge is unbeatable, but with an experienced attorney, it may be possible to get the case dismissed or penalties reduced.

At Cannon & Associates, we specialize in DUI defense, leveraging our experience as Judge Advocates, former prosecutors, and seasoned defense attorneys to build strong cases for our clients. Our team of Fierce Advocates is committed to protecting your rights and securing the best outcome possible. Contact us for a free consultation at 405-657-2323.

Oklahoma DUI Laws

Oklahoma prohibits driving under the influence of alcohol or drugs. Offenders may face a Driving Under the Influence (DUI), Driving While Intoxicated (DWI), or Actual Physical Control (APC) charge if they:

  • Have a blood alcohol concentration (BAC) of 0.08% or higher.
  • Have any trace of controlled substances in their system, including prescription drugs.
  • Are deemed unable to safely operate a vehicle due to alcohol or drug consumption.

A DUI charge applies to those driving with a BAC of 0.08% or higher, while a DWI may be charged at lower levels if an officer determines impairment. Even those with a valid prescription can face charges if they are deemed unable to drive safely.

Actual Physical Control (apc)

Oklahoma law allows for DUI-related charges even if a person is not actively driving. If found in a vehicle with access to the keys while intoxicated, an individual may be charged with APC.

Penalties For a DUI Conviction

The severity of DUI penalties depends on factors such as BAC level, prior offenses, and aggravating circumstances.

Misdemeanor DUI

First-time DUI offenses and DWI charges are typically misdemeanors. Penalties may include:

  • Up to one year in jail.
  • Fines up to $1,000.
  • Six-month license suspension.
  • Installation of an ignition interlock device.

Following a DUI arrest, you must request a hearing with the Oklahoma Department of Public Safety (DPS) to reinstate your license. Failure to do so results in automatic suspension.

Felony DUI Conviction

A second DUI within ten years may result in a felony charge, carrying harsher penalties such as:

  • One to twenty years in jail.
  • Fines up to $5,000.
  • Long-term license revocation.
  • Ignition interlock device installation.
  • Community service.
  • Mandatory drug and alcohol education.

A felony conviction results in a permanent criminal record, affecting employment, housing, education, and other opportunities. Seeking legal representation is critical in these cases.

Do I Have To Take a Breath Test?

Under Oklahoma’s implied consent law, drivers suspected of DUI must submit to a breath or blood test. Refusal can result in automatic license revocation and additional penalties. While officers cannot force a test, refusal makes defending against DUI charges more challenging.

Can I Get Out of a DUI in Oklahoma?

Despite the challenges, it is possible to fight a DUI charge. An experienced attorney can identify flaws in the prosecution’s case, such as:

  • Police misconduct or constitutional violations.
  • Inaccurate or improperly conducted sobriety tests.
  • Lack of probable cause for the stop or arrest.

Deferred Sentences and Plea Bargains

For first-time offenders with no prior criminal record, an attorney may negotiate a deferred sentence. This puts the case on hold, and if the defendant avoids further offenses, the charge may be dismissed. Alternatively, charges may be reduced to reckless driving or DWI through plea negotiations, avoiding a DUI conviction.

Defenses For DUI Cases

A strong defense is key to avoiding conviction. Potential defense strategies include:

  • Lack of probable cause for arrest.
  • Errors in breath, blood, or field sobriety tests.
  • Violation of constitutional rights, such as unlawful searches.
  • Failure to read Miranda rights before arrest.
  • Unlawful DUI stop.

Contact a Defense Attorney at Cannon & Associates Today!

Oklahoma law enforcement aggressively pursues DUI convictions, but a strong legal defense can make a significant difference. At Cannon & Associates, we have extensive experience fighting DUI charges and protecting our clients’ futures. With our Fierce Advocacy approach, we explore every legal avenue to get charges dismissed or reduced. If you are facing DUI charges, contact us today at 405-657-2323 to schedule a free consultation.

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