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 in Oklahoma City 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.

Cannon & Associates

Fierce Advocates®

For Families and Freedom

Our Client Reviews

MORE 5-STAR REVIEWS REVIEWS THAN 99% of LAWYERS IN OKLAHOMA
Google Reviews

Quote Icon

"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

Quote Icon

"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

Quote Icon

"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

Quote Icon

"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

Quote Icon

"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

Quote Icon

"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

Quote Icon

"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

Quote Icon

"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

Quote Icon

"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

Quote Icon

"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

Quote Icon

"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

Quote Icon

"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

Quote Icon

"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

Quote Icon

"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

Quote Icon

"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

Quote Icon

"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

Quote Icon

"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

Quote Icon

"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