Driving Under the Influence (DUI), is a charge that should be handled differently than most other criminal charges. The reason it should be handled differently is it affects both your criminal record and your driver’s license. DUIs are handled both the judicial system and through the Department of Public Safety separately.
Implied Consent Laws
In Oklahoma, and many other states, we have Implied Consent Laws, what that means is that when you drive on a public road, you are automatically consenting to provide a blood, urine, saliva or breath sample if you are arrested for a DUI. If you refuse to give a sample, or blow into the breathalyzer, you may automatically lose your license for six months and an interlock device in your car for over a year not have the chance to fight it.
What is a DUI in Oklahoma
There are three types of DUIs in Oklahoma, but all have the same ramification. To be convicted a DUI, the State must show that you were operating a vehicle with one of the following:
- A blood alcohol content of .08% or more,
- Any amount of a Schedule I controlled substance in your system,
- Any alcohol or drugs in your system that rendered you incapable of driving safely.
An aggravated DUI is when a driver’s blood alcohol content is above .15%.
What to do when Arrested for DUI
Urgency is important. The second you are released, you need to send off a request for hearing to the Department of Public Safety. If you fail to get the request to them within 15 days, you may lose your driver’s license for an extended period of time. You will also have to appear in front of judge in the judicial system.
Fighting a DUI
Most DUIs are charged as misdemeanors, but there are exceptions. Knowing how to fight a DUI and results of a breathalyzer in Court are important.
Figure out if the Stop was Lawful
An officer must have probable to pull you over. If the officer failed to have probable cause, the entire stop and DUI may be dismissed.
Fighting the Test Results
Most DUI are based on a breathalyzer or blood test, however these are not always accurate in their measurements. Often, these instruments can be scrutinized by the method they were taken, the calibration of them or a contamination with the tools. Keep in mind, a breathalyzer is only a scientific guess.
Penalties for DUI
First time DUIs face 10 days to a year in jail and a fine of $500.00 to $1,000.00. Most DUIs do not actually see jail time because of pleas worked out that avoid jail.
Firm’s Primary Geographical Practice Region For DUI/DWI
Mayes County, Oklahoma; Rogers County Oklahoma; Delaware County Oklahoma; Wagoner County, Oklahoma; Craig County, Oklahoma; Tulsa County Oklahoma; Pottawatomie County, Oklahoma