Norman DUI Lawyer
Challenging Driving Under the Influence Allegations
Driving under the influence of alcohol and/or drugs is prohibited under 47 O.S. § 11-902. In Oklahoma, a DUI can be a misdemeanor crime or a felony crime, depending on the number of prior violations and other aggravating factors. A conviction can carry imprisonment, fines, and/or alcohol treatment. Additionally, a person can lose their driving privileges by being found guilty of drunk driving or refusing or failing a chemical test. DUI cases are unique in that they involve a scientific component because of the analysis of a breath or blood sample. Because of the intricacies of these matters, if you have been charged, turn to a criminal defense attorney with the resources to handle your DUI case.
At Redhawk Law, our Norman DUI attorney provides legal representation with compassion and understanding. We recognize what a criminal charge can do to you, your family, and your future. That is why our attorneys handle the details with care. Our criminal defense team thoroughly reviews the evidence and everything that happened, from the initial traffic stop to the arrest and to the collection of a blood or breath sample. We seek to identify any flaws in the investigation or holes in the allegations and pursue available avenues to address them.
Our DUI attorney in Norman can work hard toward a favorable outcome on your behalf. Schedule a free consultation by calling our law office at (405) 266-5072 or contacting us online.
What Is Considered a DUI in Oklahoma?
Oklahoma law prohibits anyone from operating or driving a motor vehicle on the highways when they have alcohol or a controlled substance in their system, or they are impaired by an intoxicating substance.
More specifically, the DUI statute provides that it is illegal to drive:
- With a blood alcohol concentration of 0.08 or more,
- When under the influence of alcohol,
- With any amount of a Schedule I controlled substance in a person’s system,
- When under the influence of an intoxicating substance, impairing a person’s ability to operate a car safely, or
- When under the combined influence of alcohol and/or a controlled or intoxicating substance.
Is a First DUI a Felony in Oklahoma?
Generally, a first-time DUI violation is a misdemeanor, not felony crimes. The offense rises to the felony level upon a person’s second or subsequent conviction within 10 years of the prior.
Whether you have been charged with misdemeanor crimes or felony crimes driving under the influence, speak with our criminal defense lawyer about your DUI case in Norman, Oklahoma. Our DUI attorneys can review your situation to determine defenses that can be raised on your behalf.
What are the Penalties for a DUI Conviction in Oklahoma?
The potential conviction penalties for DUIs vary. One of the factors affecting the punishments is the number of previous violations a person has on their record.
Examples of possible penalties include the following:
First violation
- Incarceration for 10 days to 1 year
- Fine for up to $1,000
- Driver’s license revocation for 180 days
- Participation in a drug and alcohol substance abuse assessment and evaluation
Second violation within 10 years
- Imprisonment for 1 to 5 years
- Fine for up to $2,500
- Driver’s license revocation for 1 year
- Participation in a drug and alcohol substance abuse assessment and evaluation
Oklahoma law also allows courts to impose additional penalties for aggravated DUIs. An aggravated DUI occurs when a person operates or drives a vehicle with a blood alcohol concentration of 0.15 or more.
A conviction for an aggravated DUI includes:
- Supervision and periodic testing for at least 1 year
- Ignition interlock device installation on all vehicles owned for a minimum of 90 days
Do You Automatically Lose Your Driver’s License for an Oklahoma DUI?
Driver’s license suspension is not just a possibility upon a conviction. It can also happen immediately after a DUI arrest.
Under the Oklahoma state’s implied consent laws, a person is deemed to have given permission to be subject to a blood or breath test if an officer reasonably believes that they were driving under the influence (47 O.S. § 751). The results of the analysis are admissible as evidence in the criminal case.
Not wanting to provide the prosecutor with anything that could be used against them, a driver might refuse to give a blood or breath sample. The refusal can be admitted as evidence. The officer can immediately confiscate the person’s driver’s license, and the Commissioner of Public Safety can suspend driving privileges for at least 6 months. Driver’s license suspension can also happen if the individual fails the chemical test (i.e., has a blood alcohol concentration of 0.08 or more).
Defenses Against DUI Charges
Driving under the influence allegations can be challenged in several ways. For example, the defense can question the legality of the DUI stop or arrest. They may also fight the results of a blood or breath test, citing improper procedures.
The defenses raised in your DUI case will depend on the facts. Allow our DUI attorney in Norman to help determine your path forward.
To speak with us, please call (405) 266-5072 or submit an online contact form. Your initial consultation is free.
