Can I Get Out of a DUI in Oklahoma?

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 405-591-3935.

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 405-591-3935 to schedule a free consultation.

Related Resources

Cannon & Associates

Fierce Advocates®

For Families and Freedom

Our Client Reviews

More 5-star Reviews Than 99% Of Lawyers In Oklahoma

"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."

- HOLLY ROSE

"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."

- SHARON PINKARD

"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."

- LEXI COYLE

"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."

- ALAN MERRIMAN

"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"

- MICHAEL RICKARD

"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!"

- ASHLEY

"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."

- ATTORNEY COLLEAGUE

"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."

- LAQUITA

"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."

- TARA

"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."

- DUDLEY

"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."

- ZAVIEN

"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."

- A FORMER CLIENT

"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."

- CHRIS

"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."

- CANDICE

"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!!!"

- TARA

"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!"

- DOMINIQUE

"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!"

- ANONYMOUS

"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."

- S VANZANTE