First-Time DUI Defense 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 a 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 are 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 a 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 your case would be dismissed. In most cases, a first-time DUI offense can be dismissed after certain conditions or requirements are met.
It 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.
How Can I get My DUI Dismissed in Oklahoma City?
If you have been charged with a misdemeanor DUI in Oklahoma City, the process for getting your case dismissed may be similar to that of a standard DUI. However, the specific outcome will depend on the circumstances of your case and the laws in Oklahoma. Here are some potential options for getting a DUI dismissed in OKC:
- Challenge the legality of the traffic stop: If the police did not have probable cause to stop your vehicle, any evidence gathered during the stop may be inadmissible in court. This could potentially lead to the dismissal of your misdemeanor DUI case.
- Challenge the accuracy of the breathalyzer or blood test: If the breathalyzer or blood test was not performed correctly or the equipment was not properly calibrated, this could potentially lead to the dismissal of your case.
- Plead to a lesser charge: In some cases, it may be possible to negotiate with the prosecution to have your misdemeanor DUI charge reduced to a lesser charge, such as reckless driving.
- Show that the prosecution lacks sufficient evidence: If the prosecution does not have enough evidence to prove beyond a reasonable doubt that you were driving under the influence, your case may be dismissed.
It is important to seek the assistance of an experienced DUI attorney in Oklahoma City who can help you understand the specific laws and procedures applicable to your case and represent your interests in court.
What Happens to My Driver’s License with a DUI?
In addition 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 the 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 a 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.
