What Are My Rights If I Get Pulled Over For A DUI In Oklahoma City?

Time is of the essence when you have been arrested for driving under the influence (DUI) in Oklahoma City. If you wait a long time (even a couple of days) before you seek an Oklahoma City DUI Lawyer, then you could be facing serious penalties. It is important that you understand your legal rights after you get pulled over by a police officer.

An experienced criminal defense attorney will be able to explain your rights and devise a strong DUI defense strategy against your criminal charges. The prosecution will not waste any time in building a brutal strategy against you, so that is why you must act quickly and contact a DUI attorney serving Oklahoma City, Moore, Norman, or surrounding areas as soon as possible.

At Cannon & Associates, we have the necessary knowledge and experience in Oklahoma DUI law and the legal process including drunk driving, aggravated DUI, actual physical control charges, field sobriety test, implied consent law, and more.

If you do not want to lose your driver’s license. then call our law firm now. Contact Cannon & Associates today by calling 405-591-3935 and set up a free consultation in Oklahoma City, OK.

Understanding Driving Under the Influence (DUI) in Oklahoma City, OK.

Driving under the influence (DUI) or driving while impaired (DWI) leads to serious consequences in Oklahoma City.

You are legally considered to be intoxicated when your blood alcohol content (BAC) is at 0.08% according to Oklahoma DUI law. You must be driving on a public road, such as a city street or highway, in order to be charged with a DUI.

Most people think that ‘under the influence’ refers only to alcohol, but it can also mean drugs (such as an illegal drug or prescription drug). If you are exhibiting dangerous behavior or being unsafe on the road, then a police officer can pull you over. You can even be charged with driving under the influence for taking your own prescription medication.

Under Oklahoma City DUI law, there is a law called ‘actual physical control’. You can be charged with actual physical control when you are in control of your motor vehicle but are not actively operating it. For instance, you could be sitting in your motor vehicle but the engine is not running, but you are holding the car keys in a parked car. A charge of actual physical control has the same penalties as driving under the influence.

A justice gavel on a notebook with DUI Law printed on it. Our Oklahoma City, OK DUI lawyers will assist you in understanding your rights if you get pulled over for a DUI.

Penalties for Driving Under the Influence (DUI) in Oklahoma City, OK.

Oklahoma City has a 10-year’ washout period’ (which is also called a ‘look back period’).

1st DUI Offense

This is classed as a misdemeanor. The penalties for a first time DUI offense include:

Fines – Up to $1,000 in fines and a $100 assessment fee.
Jail time – Spending up to 10 days to 1 year in jail.
Driver’s license revocation – A driver’s license revocation for 180 days.
Ignition interlock device (if BAC is higher than 0.15%) — An ignition interlock device will be installed in your motor vehicle for 18 months after a driver’s license revocation.
Treatment -Alcohol or substance abuse evaluation and treatment.
Program – Attendance at a victim impact panel program.

2nd DUI Offense

This is classed as a felony. The penalties for a second time DUI offense include:

Fines – Up to $2,500 fine and a $100 assessment fee.
Jail time – Spending up to 1 to 5 years in jail.
Driver’s license revocation – A driver’s license revocation for 1 year.
Ignition interlock device – An ignition interlock device will be installed in your motor vehicle for up to 4 years after a driver’s license revocation.
Treatment – Alcohol or substance abuse evaluation and treatment.
Program – Attendance at a victim impact panel program.

3rd DUI Offense

This is classed as a felony. The penalties for a third time DUI offense include:

Fines – Up to $5,000 fine and a $100 assessment fee.
Jail time – Spending up to 1 to 10 years in jail.
Driver’s license revocation – A driver’s license revocation for 3 years.
Ignition interlock device – An ignition interlock device will be installed in your motor vehicle for up to 5 years after a driver’s license revocation.
Community service — 240 hours of community service.
Treatment — Alcohol or substance abuse evaluation and treatment.
Inpatient treatment – Attending a residential inpatient treatment.
Program – Attending a victim impact panel program.

4th or Subsequent DUI Offense

This is classed as a felony. The penalties for a fourth or subsequent DUI offense include:

Fines – Up to $5,000 fine and a $100 assessment fee.
Jail time – Spending up to 1 to 20 years in jail.
Driver’s license revocation – A driver’s license revocation for 3 years.
Ignition interlock device – An ignition interlock device will be installed in your motor vehicle for up to 5 years after a driver’s license revocation.
Community service – 480 hours of community service.
Treatment – Alcohol or substance abuse evaluation and treatment.
Inpatient treatment – Attending a residential inpatient treatment.
Program – Attending a victim impact panel program.
Testing – Supervision and periodic testing for up to 1 year.

Implied Consent Law in Oklahoma City, OK

Implied consent law is enforced and it is an offense to refuse to submit to taking a chemical test in Oklahoma City.

If a person refuses to take a chemical test of their blood, breath or urine, then their driver’s license will be suspended or revoked.

1st Chemical Test Refusal

License revocation — A driver’s license revocation for up to 180 days.
Ignition interlock device — An ignition interlock device will be installed in your motor vehicle for up to 18 months after a driver’s license revocation.

2nd Chemical Test Refusal

License revocation — A driver’s license revocation for up to 1 year.
Ignition interlock device — An ignition interlock device will be installed in your motor vehicle for up to 4 years after a driver’s license revocation.

3rd and Subsequent Chemical Test Refusal

License revocation — A driver’s license revocation for up to 3 years.
Ignition interlock device — An ignition interlock device will be installed in your motor vehicle for up to 5 years after a driver’s license revocation.

Legal Alcohol Limit in Oklahoma City, OK

The legal alcohol limit (blood alcohol content) for drivers in Oklahoma include:

Adult drivers = 0.08%

It is an offense for adult drivers to operate a motor vehicle with a BAC of 0.08% or above by weight of alcohol in their blood in Oklahoma City.

Drivers under 21 (Zero Tolerance Law) = 0.00%

It is an offense for drivers under the age of 21 to operate a motor vehicle with a BAC of 0.00% or above by weight of alcohol in their blood in Oklahoma City.

Commercial drivers = 0.04%

It is an offense for commercial drivers to operate a commercial motor vehicle with a BAC of 0.04% or above by weight of alcohol in their blood in Oklahoma City.

Refusing to Take a Breathalyzer or Blood Test in Oklahoma City, OK.

If you refuse to comply and take a breath test or a blood test, then you will automatically be treated as if you were over the legal limit — even if you were not.

The police officer who stopped you will take your driver’s license, and you will receive an officer’s affidavit which includes the information that you refused to take the test and it will be reported to the Oklahoma Department of Public Safety.

Your driver’s license will be suspended for up to 6 months unless you request a hearing. The prosecutor can use the fact that you refused to take a test against you. In many cases, they can argue to the judge and jury that you refused because you knew that you were intoxicated.

Consequences of a DUI Conviction in Oklahoma City, OK.

Serious consequences (even for first-time offenders) — Oklahoma law has very serious penalties against drunk driving, even for a first-time offender. If you are facing a second or third DUI charge, then the penalties will continue to escalate.
Criminal record — It is a crime to drive under the influence of alcohol or drugs. It can be classed as a felony charge or a misdemeanor charge, depending on the facts and circumstances of your DUI case. If you are convicted, then you will have a criminal record.
No driving privileges — You can lose your driving privileges after getting arrested for a DUI. However, if you hire an experienced Oklahoma City DUI lawyer, then they can argue your case to the Oklahoma Department of Public Safety to avoid the loss of your driving privileges.
Hidden consequences — You will have to pay higher auto insurance rate along with legal fees and other penalties. Insurance companies will see you as a liability in the event that you are convicted. There are some companies that would even drop you as a client or deny insurance coverage.
Probation — Following a DUI conviction, then you will have to follow the conditions of probation set by the judge. It will usually include attending alcohol education programs, community service, having an ignition interlock device installed in your motor vehicle and other things that will cost you time and money.

Act Fast to Avoid DUI Consequences in Oklahoma City, OK.

You must act fast after a DUI arrest. It is imperative that you call a DUI defense lawyer in Oklahoma City as soon as possible.

Procedural errors and technicalities can interfere with your case. Furthermore, the longer that you wait to get started, the more evidence that can potentially get destroyed in the legal process.

DUI Defense Strategies in Oklahoma City, OK.

An Oklahoma City DUI attorney will examine your case and determine the most effective strategies to battle your DUI charge. The most common reasons that can result in a DUI getting dismissed include:

An unconstitutional stop.
Technical errors in police procedure (such as not reading the Miranda warnings properly).
Inaccurate or improper breath test or blood test.
Breathalyzer test were inaccurate or improperly administered.
Lack of probable cause.
Lack of proper jurisdiction.
Reasonable doubt as to how much alcohol was actually in the defendants system.

Contact Cannon & Associates in Oklahoma City, OK.

If you are facing an Oklahoma DUI charge, then it is in your best interest to speak to a criminal defense attorney now. A DUI conviction will have long-lasting consequences on your life and your future.

At Cannon & Associates, we understand Oklahoma law and what our clients need. Our team of DUI lawyers in Oklahoma City are highly trained to deal with complex cases, and we will help you every step of the way.

If you need legal advice, then look no further.

Contact Cannon & Associates today by calling 405-591-3935 and set up a free consultation.

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What Are My Rights If I Get Pulled Over For A DUI In Oklahoma City?

Understanding Driving Under the Influence (DUI) in Oklahoma City, OK.