Attorney Offices by Municipality
- Broken Arrow
- Dennis Sagely:
Answering a criminal charge is not something anyone wants to do.
However, if you are charged with a crime, you must answer it with the
advice and representation of an attorney that understands criminal law.
- Collinsville
- Edmond
- Heaton Law Firm:
* Challenge the evidence against you Ñ such as the reason for your traffic stop, or problems with alcohol testing procedures and results Ñ in order to build the best possible case for acquittal
* Pursue negotiations with the prosecutor in a focused effort to help you avoid jail time, protect your criminal record, or achieve other goals even if the evidence against you is strong
Protecting Your Rights and Future is Our Top Priority
Even if you have never been in any trouble with the law before, DUI is a serious charge. A "basic" first offense is a misdemeanor, but the penalties include driver's license suspension, a significant fine, and the possibility of time in jail. Attempting to defend yourself or plead guilty on your own is a major risk. If you have previously been convicted of DUI or if you are facing a felony charge, you should definitely talk to a lawyer.
- Rita Jencks: If you have been accused of a crime, you need an attorney who will passionately defend your rights.
- Enid
- Stephen
Jones: In any legal situation involving even the possibility of
criminal charges, you need a criminal attorney you can trust to know
the system and to provide the bet possible guidance and representation.
- McAlester
- Konsure Law Firm:
You should consult an attorney for individual advice regarding your own situation.
- Muskogee
- Newcastle
- Branum Law Office:
Like many areas of life, the best way to hear a jury say "not guilty"
is for a defendant and his/her attorney to prepare, prepare, prepare.
For those cases that cannot be won, the best way to get a light
sentence is to prepare, prepare, prepare.
- Norman
- Oklahoma City
- Piedmont
- Pruett
Law Firm: Intoxicated is defined in two ways: First, a person is
intoxicated when he drives and, when, through the use of an alcoholic
beverage, drug, controlled substance, or any combination thereof, has
lost the normal use of their faculties and is impaired to the slightest
degree. Second, a person is intoxicated when he drives and has an
alcohol concentration of .10 or more in his body. If the alcohol
concentration is above .18, there are enhanced or aggravated penalties.
- Tulsa
- Unknown
- Reynolds, Joe:
If you've been charged with a DUI, you should know how a Case Works.
The stages of a DUI case range from pre-litigation to sentencing and a DUI lawyer will be able to guide the defendant through the stages smoothly. There are nine main stages to a DUI case and they are the arrest, booking and bail, arraignment, plea bargain, preliminary hearing, pre-trial motions, trial, sentencing and appeal.
*
Though having a few cocktails may seem harmless, the effects can be devastating if followed by an attempt to drive afterwards. At the very least, engaging in such risky behavior could result in a costly traffic ticket coupled with jail time and the loss of your driver's license, but far worse is the possibility of injuring - and possibly killing - an innocent person. This is the point where a drunk driving lawyer can help you.
Whether you've been ticketed for a DUI / DWI, or your situation is much more severe, contacting us immediately can be very beneficial.
Methods to Determine Intoxication
Law enforcement officers use three different methods to determine whether a driver has had too much to drink, or is too intoxicated by some other means, to be driving. These methods include:
1.
Simple Observation
2.
Sobriety Test
3.
Blood Alcohol Test
A simple observation test consists of studying the demeanor of the operator of a vehicle and determining whether the operator is intoxicated based on his general behavior.
A Sobriety Test includes what is referred to as a field test. The officer will instruct the suspected intoxicated operator of a vehicle to do several exercises, such as walk a straight line or recite the alphabet, which helps in determining whether an individual is impaired or inebriated.
A Blood Alchol Test requires a portable breathalyzer unit, which calculates the amount of alcohol in an individual's blood by measuring the percentage of alcohol in the driver's breath, blood, or urine and calculating it by using a mathematical formula.
It is important to know what your legal rights are concerning a DUI / DWI. A drunk driving attorney has expertise in this specific area of law and may be able to help you determine what your next step should be.
Penalties For Drunk Driving
The penalties in drunk driving cases are extremely complicated. There are a set of penalty guidelines for authority figures to follow; however, several factors could change the outcome of the penalty, including whether or not:
*
You refused to take the Breathalyzer Test
*
You've had a previous DUI / DWI within the past seven years
*
Your BAC was greater than .20%
*
You were speeding in excess of 20 mph
*
There was a minor (under age 14) in the automobile
Additionally, sentencing in a drunk driving case is affected by the facts of the case, court policies, any weaknesses uncovered by the defense attorney and the reputation of that attorney.
"Zero Tolerance" BAC Level
Enhanced Penalty BAC Level
"Implied Consent" Law
Oklahoma
.08
.00
.15
Yes
DEFINITIONS:
"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.
"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.
"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.
Oklahoma DUI Law Highlights: Selected Penalties (Table 2)
State
Administrative License Suspension/Revocation (1st/2nd/3rd Offense)
Mandatory Alcohol Education and Treatment/Assessment
Vehicle Confiscation Possible?
Ignition Interlock Device Possible?
Oklahoma
30d/ 6m/ 1y
Both - in limited circumstances
in limited circumstances
Yes
Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.
DEFINITIONS:
Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.
Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.
Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.
Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.
Getting Arrested Checklist: Have My Rights Been Violated?
Persons accused of committing a crime have a series of rights, some of which are guaranteed by the U.S. Constitution and some of which are guaranteed for other reasons. If you have been accused of a crime, how can you know if your rights have been violated? While an experienced criminal law attorney can answer that question, the following checklist of rights may also provide you with guidance.
Yes/No
____
I was allowed to remain silent: One of the most important rights of a person accused of a crime is the right to remain silent. You cannot be forced to divulge information to the police. This right stems from the Fifth Amendment right against self-incrimination. In other words, you are not required to prove your case for the police. They are responsible for developing the evidence to prove you have in fact committed a crime. The right to remain silent was confirmed in the U.S. Supreme Court case of Miranda v. Arizona. If you attempted to remain silent in the face of police questioning, and were coerced or forced into speaking, your rights have been violated.
____
I was told that anything I chose to say can be used against me: The police must inform you that if you chose to speak, "anything you do say may be used against you in a court of law." If you were told that you had the right to remain silent, but were not informed of the consequences of choosing to speak, your rights may have been violated.
____
I was allowed to have an attorney present when I requested one: Another absolute right of a person under arrest for a crime is the right to have an attorney present during questioning and the right to have counsel during any trial. If you requested an attorney during questioning, and the police denied you that request, your rights may have been violated.
____
I was not asked questions while my attorney was absent: Once you request the assistance of an attorney, the police are prohibited from questioning you later without your attorney. In other words, you have the right to have an attorney present during the first, and any subsequent, talks with the police.
____
I was not forced to pay for my attorney?s services: Just as you are entitled to have an attorney, you are also entitled to a state-paid and appointed attorney if you can not afford your own attorney per a state's or county's guidelines. If you fall within this category, you will be assigned a public defender to represent you.
____
Although I initially didn?t ask for an attorney, when I asked for one later in my questioning, questioning stopped and didn't start again until my attorney arrived: In many situations, criminal suspects may have false confidence that they can handle the matter on their own, without the assistance of an attorney. A criminal suspect who decides to answer police questions without an attorney present still has the right to ask for an attorney at any later point. Once a suspect asks for an attorney, all questioning must stop until the attorney arrives.
____
I was treated humanely: Unfortunately, police brutality and unfair treatment continue to occur in the United States. A criminal suspect is entitled to humane treatment, no matter how heinous the alleged crime. If you were not treated humanely, for instance if you were deprived of food and water or if you were beaten either during police questioning or while in a holding cell, your rights may have been violated.
____
I was not held unfairly: The government cannot hold you for an extended period of time without charging you with a crime. For instance, if you are placed in a holding cell under suspicion of murder, the government must officially charge you with that crime within a specified period of time. In some states, a charge must be brought within forty-eight hours; in other states the time limit is different. If you have been held without being charged for longer than the legal amount of time, your rights may have been violated.
____
I was not treated as guilty before convicted: Criminal suspects being held in jail awaiting trial may not be treated as guilty individuals before they have actually been convicted, no matter how strong the evidence is against them. The cornerstone of the U.S. criminal justice system is the belief that all people are innocent until proven guilty. If you were punished or treated unfairly while awaiting trial, your rights may have been violated.
____
I was given a speedy trial: You are also entitled to what is called a "speedy trial." In other words, once you are charged the government cannot purposefully drag its feet and wait to commence a trial against you. If it does, your rights may have been violated.
____
I was not subjected to "cruel and unusual punishment" while imprisoned: The Eighth Amendment to the U.S. Constitution guarantees that prisoners must be free from "cruel and unusual punishment." Once you have been convicted of a crime and incarcerated, you must be treated in a manner that does not constitute "cruel and unusual" punishment. Therefore, any punishment that can be considered inhumane treatment or which violates the basic concept of a person?s dignity may be found to be cruel and unusual. For example, your rights may have been violated if you were given only dirty water to drink while incarcerated, or if the condition of your cell was unsanitary.
OklahomaÕs breath test refusal rate was 38.3 percent in 2001.
1) The System
Oklahoma has a three-tier system for impaired driving offenses. Driving under the influence (DUI), with a BAC of .06-.07 is often used to plea down DWI charges to some lesser charge such as reckless driving. Drivers with BACs < .06 are not charged unless they are under 21 or drugs other than alcohol are involved. Driving while intoxicated (DWI), with a BAC =.08 is called an ÒAÓ offenses. Finally, there is aggravated DWI, with a BAC = .15. All DWI charges and first-time DWI charges are misdemeanors. A second-time DWI offense is a felony, permitting more severe penalties.
Oklahoma has 77 district courts and almost 400 municipal courts. District courts and Oklahoma City, Tulsa, and Lawton municipal courts are courts of record; the other municipal courts are not. The two systems operate independently and do not share records. Non-record municipal courts hear only misdemeanors. This means that for all practical purposes, any impaired driving arrest heard in a non-record court is considered a first offense regardless of whether the driver has been arrested or convicted of previous impaired driving offenses. Some drivers have accumulated more than 10 DUI convictions in one or more non-record courts without being charged with a second offense in a court of record. The arresting officer decides where to file charges. Municipal courts keep driver records for three years, while district courts keep them indefinitely.
Oklahoma has administrative per se with license suspension for BAC =.08. Offenders have the right to a hearing before a Department of Public Safety (DPS) attorney. The DPS attorney can dismiss the suspension or in some instances can modify the suspension to allow driving to work, school, alcohol treatment, or other purposes with the requirement that the driver use an interlock.
Test refusal results in administrative license suspension, which can be appealed to a DPS attorney. Again, the suspension may be modified in some instances to allow driving to work or other purposes if the driver uses an interlock. Test refusal suspensions are in addition to any criminal penalties that may be applied.
Tables 14 and 15 summarize the administrative and criminal penalties available in law for DWI and DUI.
Table 14.
Oklahoma Administrative DriverÕs License Sanctions
Blood Alcohol Level
First Offense
Second Offense
Third Offense
Refusal to submit to a blood, breath, or urine test
180-day suspension
1-year suspension
3-year suspension.
Work permit allowed after 1 year with interlock
Test results under .08 (DUI)
None
None
None
Test results of .08 or higher (DWI)
180-day suspension; work permit allowed with interlock
1-year revocation; work permits not allowed
3-year revocation;
work permit allowed after 1 year with interlock
Table 15.
Oklahoma Criminal Penalties
Type of Penalty
First Offense
Second Offense
Third Offense
High BAC-
Aggravated Driving Under the Influence
Fine
Under .08 -
$500
.08 or higher -$1,000
Under .08 -
$500
.08 or higher -$2,500
Under .08 -
$500
.08 or higher -$5,000
No additional fines
Jail
Under .08 Ð
6 months.08 or higher- 10 days Ð 1 year
Under .08 Ð
6 months.
08 or higher- 1-5 years
Under .08 Ð
6 months
. 08 or higher- 1-7 years
None
DriverÕs License Suspension
Under .08-
30 days
.08 or higher- 180 days
Under .08 Ð
6-month suspension
.08 or over Ð 1-year revocation
Under .08 Ð
6-month suspension
.08 or over Ð 3-year revocation
30-day interlock
Substance abuse Program
None
28-day treatment; 30-day aftercare
28-day treatment; 90-day aftercare
28-day inpatient treatment;
1-year aftercare and periodic testing
Community Service Program
None
None
.08 or higher Ð
240+ hours
480 hours following aftercare
2) How the System Works
The administrative consequences of an impaired driving arrest are fairly uniform across the State and are essentially the same for drivers who refuse and drivers who fail (BAC = .08) the test: 180 days suspension for the first offense, with work permits possible if the driver uses an interlock; 1 year for the second offense with no work permits; and 3 years for the third with an interlock work permit allowed after 1 year. Previously the suspension for first-offense test failure was 90 days compared to 180 days for refusal. Now, the results of failing a BAC test are the same as those for refusing to take the test.
About 25 percent of the drivers whose licenses are suspended or revoked for refusing or failing the BAC test request an administrative hearing. The suspensions or revocations are upheld about 80 percent of the time a hearing is requested. Work permits are granted in about half of the hearings, which results in many drivers with suspended or revoked licenses receiving a work permit. Interlocks are required for most, but not all, drivers who receive work permits.
Administrative hearings have become an opportunity for defense attorneys to gather information from the arresting officer that can be used to defend the driver in the criminal action. Hearings are only authorized to explore specified subjects relevant to the administrative action, such as establishing that the driver was in fact driving the car and that law enforcement had appropriate justification to stop the car. But many of the DPS attorneys who run the administrative hearings often allow questioning outside these areas.
Criminal charges and penalties vary considerably depending on whether the case is heard in a municipal or district court or in a rural or urban area. In some rural areas, impaired drivers may routinely be charged only with reckless driving rather than DUI or DWI.
First-offenses are almost always pled down. Test failures are often pled to reckless driving, which is not recorded as an alcohol-related offense so it does not count as a prior. However, the DWI arrest is recorded. Thus, if the driver is arrested again, a good arrest record search may lead to the discovery of the previous DWI arrest and allow a repeat offense charge to be placed. First-time offenders who refuse the test often have their cases pled to DUI or to reckless driving. Penalties typically involve a fine, perhaps with an alcohol assessment and possible additional requirements such as community service or victim impact panel sessions.
Second and subsequent offenses also frequently are pled down in municipal courts. For example, in Tulsa City Court, refusals are pled to reckless and test failures are pled from DWI to DUI. In district courts, impaired driving is a low-level offense compared to other cases, so may be pled down or even dismissed. Some prosecutors are said to dismiss all test refusal cases.
Impaired-driving cases rarely go to trial. Experienced law enforcement officers report testifying in impaired driving cases Òtwice in 32 yearsÓ or Ònever in 13 years.Ó Officers testify in administrative hearings fairly frequently.
3) The BAC Testing Process
After a driver has been placed under arrest, the arresting officer requests a breath test. Requesting the breath test usually happens in the field, in the arresting officer's patrol car, but the breath test is not given until the person reaches the police station or jail. While in their vehicles, officers read an implied consent card to a driver after the drivers have been placed under arrest. The card informs the driver that a test is required and describes the penalties for refusing and for failing the test. The officer chooses whether to request a breath or blood test. In practice, officers request a breath test unless the driver has been taken to a hospital or emergency room and a blood test is more convenient. A test can be obtained by force from drivers involved in crashes with a serious injury or fatality, but this appears to be applied very rarely. The driver has the right to request an independent test.
The breath test is given in the police station or jail if the offender agreed to submit when asked at the scene of arrest. Most patrol officers are certified to operate the breath test equipment. If a driver refuses a test when first requested at the arrest scene, officers often will ask again at the station, and if the driver agrees at that point, the test is conducted. The test requires two separate breath test samples taken three minutes apart. If the driver gives the first sample but refuses the second, this is considered a refusal. Failure to cooperate with the test, for example by not providing a satisfactory breath sample, also is considered a refusal. Courts generally accept the officerÕs word that the driver refused the test or was uncooperative during the test.
If an injured driver is taken to an emergency room or hospital, a law enforcement officer will go to the facility. Unless the driver is to be released immediately, the officer usually requests a blood sample. Hospitals routinely provide the sample.
A recent policy in Oklahoma jails requires a medical evaluation before admitting a person with a BAC over .25. This can be a substantial problem at night if medical personnel are not available. Even if they are, it adds another step and more time to the impaired driving arrest. To avoid it, some officers may not request a test if they suspect the driver is over .25.
4) Advantages of Taking or Not Taking a Breath Test
From the vantage point of the offender, the administrative penalties are essentially the same for drivers who refuse and drivers who fail the BAC test. This means that a rational decision on whether or not to take the test depends on how the test result or the refusal may affect criminal proceedings.
Properly-licensed drivers over age 21 with a BAC less than .06 definitely benefit more by taking the test. With the BAC evidence to show that they are below the .06 limit, they will not be charged. If they refuse the test, their driverÕs license almost certainly will be suspended.
First-time offenders with a relatively ÒlowÓ BAC that is above .06 may benefit more if they take the test. If their BAC is less than .08 their license will not be suspended administratively. They may get a better deal in court since they have been cooperative and have demonstrated that they are Ònot too drunk,Ó while refusers may be seen as uncooperative and perhaps high-BAC. However, in jurisdictions where first offenders are routinely pled to reckless or to DWI, the results of taking or refusing the test may be about the same.
Drivers over the BAC limit of .08 probably would likely benefit by refusing. First offenders almost always will have their charges pled down, whether they refuse or fail. For drivers with a prior offense in a court of record, who face a second-offense felony charge, some prosecutors will plea down refusals more readily than cases with BAC evidence. Other prosecutors will proceed with refusal cases (one noted that about 70 percent of impaired driving cases that go to trial have no BAC results). They note that the cases are harder to present without BAC evidence, especially if the arresting officer has not carefully recorded other evidence of impairment. Judges will treat refusal and BAC cases similarly, but juries will convict more easily with BAC data than with a refusal. Finally, refusals do not face aggravated DUI charges (BAC = .15), which some jurisdictions use. (Many jurisdictions apply the aggravated DWI rarely or never.)
When asked for their personal advice if they or a friend were arrested for impaired driving, the law enforcement officers, prosecutors, and judges interviewed were virtually unanimous in advising anyone whose BAC might exceed .08 to refuse the test. Defense attorney advice was mixed. Some, probably the majority, would advise everyone to refuse, for the reasons noted above. Others would advise taking the test because the process of requesting and administering the test provides many opportunities to attack the prosecution: the Òattack the breath test machineÓ strategy.
5) Who Takes and Who Refuses a BAC test
It is believed that most first-time offenders take the test and most repeat-offenders refuse. Beyond this generalization, drivers who refuse the test tend to fall into one or more of the following categories:
*
Drivers with high BAC levels who fear the aggravated DUI penalties;
*
Unlicensed drivers or illegal aliens, for whom a license suspension is irrelevant;
*
Drivers who have been advised by an attorney to refuse the test, or who are suspicious of law enforcement;
*
Drivers who are confused, uncooperative, or too impaired to function properly.
6) Benefits of BAC Test Results
BAC test results help in charging drivers properly, in obtaining convictions, and identifying problem drinkers who should be assigned to treatment. In particular, BAC test results are essential to charging a driver with aggravated DUI.
However, BAC test results do not appear to be critical to OklahomaÕs impaired-driver control system. They appear to influence plea bargains and court verdicts somewhat, but not substantially. Many prosecutors and judges dislike the aggravated DUI statute and will not apply it. The general feeling is that a higher testing rate would not change OklahomaÕs DUI prosecution, adjudication, or sentencing much. Unlicensed driving -- drivers with a suspended or revoked license, or illegal aliens who have never been licensed -- is seen as a substantially greater problem than BAC test refusals.
7) Potential Strategies to Reduce BAC Test Refusals in Oklahoma
Law enforcement, prosecutors, judges, and defense attorneys alike had two main recommendations.
*
Reduce the amount of time required to process a DUI arrest. One officer noted that ÒDUI is the most labor-intensive misdemeanor, all the way from the arrest to the court.Ó The new Intoxilyzer machines being introduced statewide may reduce processing time somewhat as they will check for errors and print affidavits.
One specific obstacle to BAC tests for high-BAC drivers is the requirement for a medical evaluation before admitting a person with a BAC over .25 to jail. Law enforcement officers need to know where to go for this evaluation at any time of the day or night.
*
Change OklahomaÕs laws so that the penalties for refusing the test are again greater than the penalties for taking and failing the test.
Most people interviewed pointed out that test failure penalties are now Òthe sameÓ as test refusal penalties -- 180 daysÕ suspension for a first offense -- while previously the penalties for failure were less -- 90 daysÕ suspension. The standard comment was ÒThereÕs now no incentive to take the test.Ó EveryoneÕs first recommendation to reduce refusals was to change the law so that refusal penalties are again more severe than failure penalties. If law changes are considered, they should be examined very carefully to avoid unintended consequences. Many people interviewed felt that the current one-year hard suspension or revocation (no work permits allowed) for second-felony offenders was unreasonably harsh: it prevents offenders from driving to work and consequently encourages driving with a suspended license.
Brought to you by Colorado DUI Drunk Driving Defense
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