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Norman DUI Lawyers

1. Worden, Andrea: # Criminal Defense # Expungements # Mental Health # Guardianships # Adoptions # Juvenile # Guardian Ad Litem # Estate Planning
2. Nedwick, Keith: If you have been charged or arrested for DUI/DWI in Oklahoma, you may or may not be aware that you now have two legal matters to resolve: * You no doubt wish to retain your driver's license and driving privileges. This is an administrative matter that will be handled through the Department of Public Safety. It is important to request a hearing right away if you want to keep driving while your DUI/DWI case is moving forward. * You also face criminal charges that will be handled in the courts. No matter what happens regarding your driving privileges, you still may face jail time of up to a year if convicted of a misdemeanor and the possibility of prison for a felony. Perhaps you know you were driving under the influence of alcohol and fear that you have no valid defense. Don't make the mistake of just going along with the fines and penalties in such a case. A vigilant and attentive criminal defense attorney may discover a cause for defense of your DUI/DWI case that could result in a case dismissal: * Did law enforcement officers pull you over in an illegal traffic stop - where no probable cause existed to justify it? * Were the field sobriety tests and/or the Breathalyzer test administered correctly? There may be valid defenses available in your case that you have not even thought of.
3. O'Quinn & Nelson: Drunk driving charges are too serious to simply plead guilty. It is worth it to hire a DUI defense attorney.
4. Ridgeway Law Office: Alcohol-Related Crimes Criminal charges involving alcohol can have a devastating and long-lasting impact on your life. A conviction on a drunk driving (DUI/DWI), public intoxication or other alcohol-related charge can result in a license suspension, which can make it hard to work. It could also leave you facing a required ignition interlock system on your car, large fines, and even jail time.
5. Wall, Richard: What is Oklahoma's law on drinking and driving? Oklahoma's laws against drinking and driving are set forth in Oklahoma Statutes 47 ¤ 11-902 and 47 ¤ 761. Basically, these laws make it illegal to operate a motor vehicle if you are under the influence of alcohol or any other intoxicating substance to a degree that renders you incapable of safely driving the vehicle. The first offense for driving under the influence is a misdemeanor and punishable by up to a year in jail and up to a $1,000 fine. Oklahoma also has an implied consent law. This law makes consenting to take a test to determine your blood-alcohol content a condition of driving on Oklahoma roads. The effect of this law is to force you to either take a test or face losing your license automatically for refusing it. What is the difference between DUI and DWI? In Oklahoma, the abbreviation DUI stands for "driving under the influence," while DWI stands for "driving while impaired" and is the less severe of the two offenses. DUI is defined as operating a motor vehicle with blood-alcohol content (BAC) of eight-hundredths (0.08) or more determined by the test administered within two hours of the time of the arrest or driving under the influence of other intoxicating substances which may render a person incapable of safely operating a vehicle. In addition to the suspension of driving privileges, a first offense DUI carries from 10 days to one year in jail and a fine of up to $1,000. A BAC result of fifteen-hundredths (0.15) can be filed as an Aggravated DUI, which carries enhanced treatment and probationary requirements. If a driver's BAC is below 0.08, there is still a possibility that they can be charged with DWI, which is defined as operating a vehicle while the driver's ability is impaired by the consumption of alcohol or any other substance that is capable of adversely affecting the central nervous system, vision, hearing or other sensory motor functions. The punishment for a DWI is up to six months in jail and a fine of $100-$500. But be careful. The two terms DUI and DWI can be misleading. There is no uniformity in what various states call "drunk driving" laws. For example, DWI is a less severe charge than a DUI. However in another state it may be exactly the opposite. You should also note that in Oklahoma there is an actual-physical-control (APC) charge. APC is, for all practical purposes, a DUI covering those situations in which an intoxicated person is in control of a vehicle but is not driving at the time of the arrest. For example, an intoxicated person parked in a car with the engine off could be charged with APC. Although the difference between DUI and DWI can often be one drink, the differences between these two offenses legally are very significant. If your test result is 0.08 or over, your license will be suspended for 180 days. Often a first-time suspension can be modifiable, which allows the driver to operate a vehicle with an ignition interlock device during the suspension period. An interlock device requires a driver to blow into a mouth piece to insure he or she is not driving after consuming alcohol. Subsequent offenses carry longer suspension periods that are not modifiable. A DWI conviction only carries a 30-day license suspension for a first offense. As with a DUI, subsequent DWI convictions carry longer suspension terms. Also, a subsequent DUI after a prior conviction within 10 years will be filed as a felony. A first felony offense can carry up to five years in prison and a fine of up to $2,500. Often a small amount of alcohol can make a significant difference should you be arrested. top ALCOHOL CONTENT CHART click on image to view larger version top What do you do if you are stopped by a police officer after drinking alcohol? The most important thing to remember when you are pulled over by the police is to be calm, courteous and, most of all smart. First of all, pull over immediately. A DUI is a significant charge, but it pales in comparison to having an accident while trying to elude the police. Do not risk your life and those of others to avoid the DUI. Simply pull over and deal with the situation as best you can. You probably will be asked to step from the vehicle and perform a series of tests, including the HGN (horizontal-gaze nystagmus test), the walk-and-turn test, and the one-leg stand. The HGN test allows the officer to observe for irregular eye movements, which is a characteristic of intoxication. The other tests are designed to test for impaired balance and coordination. If, after these test, the officer decides that he has enough evidence to warrant taking you to the police station, he will inform you that he is placing you under arrest and handcuff you. Make sure that you keep your cool during the arrest and do not say something incriminating. Anything you say will become part of the police report, which the district attorney will use in deciding what type of plea bargain he or she will negotiate with your attorney. You want that report to read like you were a perfect lady or gentleman and a pleasure to arrest. The driver cannot be forced to take these test, but refusing to do so will most likely result in your arrest. Once at the station, you will be asked if you wish to take a breath test. You have a right to refuse this test unless it is believed that you may have been involved with an accident that caused death or serious bodily injury. But if you do refuse, your license will be revoked for 180 days for the first BAC test refusal or failure within 10 years. There is a possibility that the suspension would be modifiable so that you could drive with an ignition interlock device during the suspension. Subsequent failures or refusals carry increased license suspensions, which are not modifiable. It is important during your arrest to be as alert to the situation as possible. Should it be necessary to take your case to trial, you are going to be your most important witness, so pay attention to what is happening. For example, time often plays an important role in DUI cases. By taking note of the time of your arrest, you will be able to better estimate about how long you have been drinking and how much alcohol you have consumed. Also, the lapse of time between your arrest and the administration of the breath test can be important because of the rate the human body metabolizes alcohol. If you are arrested for a DUI, it is likely that you will be detained for a few hours and may be forced to stay the night in jail. If this happens, request your phone call and notify someone of your situation. There typically are only four people you should consider calling: a family member, a friend, a bail bondsman or your attorney. However, keep in mind that you may be allowed only one phone call; so once again, be smart and call someone who can pay your bail and pick you up. Frankly, your attorney probably should be the last person you call since you must pay for his or her services, and that can be very expensive, especially if you are arrested in the middle of the night. top What should you expect after you are released from jail? The first thing you should do is read your copy of your ticket and officer's affidavit very carefully since they contain some very important information about your case. The first event of note will be your arraignment, at which you will be given a copy of your charges and will be asked to enter a plea of guilty or not guilty. At this time, no matter what, plead not guilty. A not-guilty plea will not be used against you in any way and allows you to maintain all of the rights to which you are entitled. In most cases, there is no need to have an attorney present at your arraignment. As long as you enter a not-guilty plea, nothing will be done at this time that has any effect on your case. The Department of Public Safety (DPS) receives information on your charge. If the arresting officer's affidavit indicates you had a BAC of 0.08 or greater or that you refused the breath test, they will suspend your license for the required period of time. You can contest your revocation or ask for a temporary license/work permit, but to do so, you must send a written request within 15 days of your arrest. After your arraignment, should the case be a misdemeanor, you most likely will be placed on some type of scheduling or calling docket. At this stage, you once again will enter a plea (again not guilty) and request a jury trial, a non-jury trial, or to have your case set for disposition which, in the case of a DUI charge you almost will never want to do at this time. If you request a jury trial, you will have increased court cost, but often it is well worth it since the request preserves your right to a jury trial. It is best to have already contacted an attorney, who can help you decide whether or not you will need a jury trial. With felony cases, the case will most likely be scheduled for a conference after the arraignment. Unlike misdemeanor cases, you also have a right to a preliminary hearing in a felony case. At this hearing the state would have to put on evidence to show the crime of DUI was committed and show probable cause you were responsible for the crime. Your case then will either be set for a jury trial, a non-jury trial or a disposition. At a disposition, you waive all of your rights and enter a guilty plea or nolo contendere (no contest). Almost always, your attorney will already have negotiated your sentence with the district or city attorney's office, and although not bound by this arrangement, the judge usually follows the prosecuting attorney's recommendation on your sentence. Whether at trial, plea or any other court appearance, remember to show the judge the utmost respect. It is best to address the judge as "your honor." top What is probation? Should you decide to enter a plea of guilty or no contest on a first offense, you will most likely be placed on probation, typically for one year. Usually, with first offense DUI cases, you will not have a probation officer. However, during the probationary period, you will be required to have a DUI evaluation, complete a DUI school, attend a victim-impact panel, and complete community service. You must avoid violating any city, state or federal laws while on probation. If you do violate the law or fail to complete any of your probation requirements, your probation can be revoked or accelerated (depending upon the type of sentence), and you may be facing the maximum penalty on both counts. As one may expect, the punishment for subsequent DUI offenses increases dramatically. Not only would a license suspension be lengthy and non-modifiable, a subsequent offense after a DUI conviction will be filed as a felony and you are facing the possibility of being sentenced to time in prison. A first-time felony DUI in Oklahoma carries from one-to-five years in prison and a fine of up to $2,500. top What will a DUI do to your record and insurance? Should your insurance company discover that you have received a DUI, you can count on them raising your rates or cancelling your coverage. Should you not contest the suspension of your driver's license, a failed or refused blood alcohol content test will go on your driving record. That record is not expugnable and is accessible to insurance companies. Should you desire to contest the suspension of your license and prevent the test refusal of failure from being reported on your driving record, you must request an administrative hearing within 15 day of your arrest. Two important but often misunderstood terms in criminal law are "deferred" and "suspended" sentences. The term deferred means that your sentence is being deferred until the end of a probationary period. Your case will be eligible to be dismissed upon successful completion of that probationary period. A suspended sentence is a conviction for the crime, but the jail time is being suspended during the probationary period. Unlike courts, insurance companies are not bound by the "beyond a reasonable doubt" standard. They can use the fact that you failed or refused a breath test even if your are victorious at trial or your case is dismissed. top What happens if you are arrested for more than one DUI? A subsequent DUI within 10 years after a DUI conviction will be filed as a felony and is punishable by one-to-five years in prison and up to a $2,500 fine. Both the prison time and fines increase for subsequent felony convictions. Additionally, should you fail or refuse a breath test twice in a 10 year period, you will loose your license for one year, and no modification will be available. A third offense can result in a three-year suspension that is not modifiable. Subsequent DWI convictions also carry longer license suspension periods that are not modifiable.
6. Daniel Bays: Chances are if you have been arrested for DUI, you are about to make one of two mistakes.Ê The first mistake is to go out and pay some lawyer $5000.00 to handle your misdemeanor DUI becasue he or she is a "big time" DUI lawyer who handles only those types of cases.Ê The second mistake you will make is to go hire your cousin Vinny and pay him $300.00 to take the case.Ê Don't do either of these two things.ÊÊ A good DUI lawyer will attend seminars on the subject and stay current onÊchanges in DUI law.Ê A good DUI lawyer will have a good reputation in the county where he practices.Ê A good DUI lawyer willÊknow how to defend a DUI by attacking the probable causes for the traffic stop.Ê A good DUI lawyer will attack the manner and method of the Standard Field Sobriety Tests.Ê A good DUI lawyer will request anÊadministrative hearing withÊThe Department of Public safety toÊfight for your driving privileges.Ê A good DUI lawyer will not plea your case out on the first setting.Ê A good DUI lawyer will also challenge the breath/blood test results by attacking the validity of the process or the reliability of the machine.ÊÊ Aside from those things, your lawyer should be professional, return your calls, explain the process to you and be available to answer any questions you may have.ÊÊ Your cousin Vinny is not going to fight very hard for you and if you hire Mr. Big shot, your case will certainly get passed on toÊa baby lawyer in the firm.
7. Tracy Schumaher: If you are facing criminal charges, selecting the attorney who will represent you is the most important decision you will make. Whether you've been charged with a simple misdemeanor or a very serious felony offense, a poor defense could have a disastrous impact on your life. The outcome of a criminal matter can follow you for decades; limiting employment opportunities and resulting in the loss of privileges. With so much at stake, it is imperative that you choose an attorney who will work with you to achieve the best possible result. You need someone who will protect your rights.
8. Myong Chung: Have you had your drivers license suspended because of a DUI or DWI conviction? ... Sometimes even one day can cause you to lose a precious legal right or advantage.
9. Stockwell Law Offices: Laws in Oklahoma relating to DUI arrest are very strict and harsh on those individuals arrested. In Oklahoma if a person takes a breath test and tests .08 or greater you will be arrested for DUI. If the breath test is .15 or greater the district attorney can charge Aggravated DUI on that individual. An Aggravated DUI comes with much harsher punishment than a standard DUI. Punishment for a standard DUI can result in confinement in a county jail for up to one year and a fine not to exceed $1,000.00. Additionally, the individual will have to undergo a Drug Alcohol Assessment and follow whatever recommendations the assessor deems necessary for that individual. That may include inpatient substance abuse treatment, outpatient substance abuse treatment or a variety of other programs. As for an Aggravated DUI the court may also order a 30 day inpatient or residential substance abuse treatment followed by not less than a one year of supervision and aftercare at the Defendant’s expense and 480 hours of community service following the period of aftercare and the use of an ignition interlock device for a minimum of 30 days. However, if the person does have a breath alcohol concentration of .15 or greater it may still be possible to have the Aggravated DUI charge amended to a regular DUI, thus limiting the amount of punishing the court may impose.
   
   Virtually each legislative session through the Oklahoma Legislature changes the DUI laws within the state by making them even harsher and more costly to the person arrested. In the most recent legislative session the legislature increased virtually all costs for the programs the court may order. The cost of the DUI School increased to $150.00, the cost of the DUI Assessment increased to $175.00, court costs increased approximately $100.00 to a total of $625.00 for court costs alone for arrests occurring after November 1, 2004. All totaled the costs and fees generated for an arrest for DUI arrest could exceed $2,000.00 not including the cost of your attorney and/or the cost of an ignition interlock device installed on your car, if you receive a modified driver’s license from the Department of Public Safety. That is why it is in your best interest to hire a qualified lawyer to defend you for your DUI arrest.
   
   Nothing above has any effect on your driver’s license. Even if you are acquitted at trial or the case is dismissed outright by the district attorney, you will still need to resolve your driver’s license issues with the Department of Public Safety. It is imperative that within 15 days of your arrest you or your lawyer, notify the Department of Public Safety in writing that you request an administrative hearing. This allows you to retain your driving privileges until the administrative process has concluded with the Department of Public Safety and it gives your lawyer sufficient time to investigate your case, review the reports, review any videotapes that may exist and make a determination as to whether or not you have a good chance to prevail at the administrative hearing. If at the administrative hearing you win, your license will not be revoked by the Department of Public Safety. If, however, you lose you must appeal to the district court to have a new hearing regarding your driver’s license privileges. If it is determined by you and your attorney that the chance of prevailing at the administrative hearing is not good, you may have an option to request a modified license. A modified license allows the first time offender to be granted a 180 day modified license by the Department of Public Safety. This will allow you to drive 24/7 for this time period. The only draw back will be that you will be required to install an ignition interlock device in your vehicle or any vehicle you drive during that suspension time. The ignition interlock device requires you to blow into this device prior to starting the car and periodically while the car is operational. If the device detects any odor of alcoholic beverage it will lock itself down for a period of time not allowing you to drive it. The cost for having a modified license is approximately $685.00 for the period of 180 days.
   
   A second or third arrest during a five year time period limits your driving abilities substantially. Unless you win at the administrative hearing or an appeal to district court you will not be able to drive your vehicle legally during the revocation time period. For a second DUI within the five years it is a one year revocation, non-modifiable. For a third DUI within the five years it is a three year revocation, non-modifiable. This means if you drive during that time period and are caught by law enforcement officers you can again be arrested for driving under suspension and your license will again be revoked for a time period at the end of the current revocation you are serving.
10. Evan Taylor: When you enter an flat-fee agreement you pay one price for the entire representation. A flat fee allows you as the client to know exactly what the lawyerÕs services will cost up front without the fear that each hour of work will cost you more and more. This arrangement is often available for criminal charges, traffic tickets, and other such matters. What should you know? There are several things that you should remember if you are stopped and you have been drinking: * The police officer will be looking for signs of drunkeness * The police officer will ask whether you have been drinking * The police officer may ask you to take a standardized field sobriety test * The police officer may ask you to submit to a breath or blood test You should know that the police officer is observing you and asking you questions to try to determine whether you are intoxicated. You should know that all the information obtained by the police officer will be used against you if you are charged with a crime. You should know that if you refuse the breath or blood test that your drivers license may be suspended whether you were intoxicated or not. You should know that for your first offense you could lose your drivers license for up to six months. You should know that you should contact an attorney immediately if you have been arrested or charged with DUI. An attorney can help you avoid a conviction and preserve your driving privileges. But you must act promptly.
11. Rodney Watson: In today's society, a vehicle is a necessity. ... The first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing in front of a judge. ... If it is your first arrest, the goal is make sure that you can continue driving. For second offenses, the goal is often to keep you out of jail and able to continue providing for your family.