Brought to you by Colorado DUI Drunk Driving Defense

Oklahoma City DUI Lawyers

1. Laird, Hammons, Laird: If you have been arrested in Oklahoma City for driving under the influence or charged with a DUI, don't assume that you can handle the case on your own. This is much more than an ordinary traffic ticket, and the consequences of a conviction can stay with you long after the fines are paid, the jail time served or the license reinstated. How you handle your DUI arrest now can have an impact for years to come.
2. Bumgarner & Goodwin: If you or a family member has been arrested in Oklahoma, contact an experiencedÊcriminal law attorneyÊbefore making any statements. You canÕt protect your rights if you donÕt know what they are. If you think you need a lawyer, you probably do. Any person who operates a motor vehicle upon the public roads, highways, streets, turnpikes or other public place or upon any private road, street, alley or lane which provides access to one or more single or multi- family dwellings within the State of Oklahoma shall be deemed to have given consent to a test or tests of such personÕs blood or breath, for the purpose of determining the alcohol concentration as defined by Oklahoma law and for such persons blood, saliva, or urine for determining the presence or concentration of any other intoxicating substance as defined by Oklahoma law. However, driving after having had a drink or drinks does not necessarily mean that you will be convicted for D.U.I., D.W.I. or A.P.C. The burden is on the State to prove each and every element of the crime. Challenging the evidence You need to be aware that you are entitled to Constitutional protections: i.e., 4thamendment protections against unreasonable searches and seizures. 5th amendment rights against double jeopardy and self incrimination. Challenging the tests Just because the test results were not in your favor does not mean you are necessarily guilty. There are laws that control the maintenance of the machines and the conditions of the testing. You are afforded the right to have the samples tested by an independent facility. Need to fight first or second offense All, first time DUI charges are misdemeanors unless the DUI involves an accident involving great bodily injury. All subsequent D.U.I.s are charged as felonies provided that any prior D.U.I. conviction must be within 10 years of the date of the new charge.
3. Burton & Goodman: Oklahoma drunk driving criminal defense lawyers work hard to preserve your freedom and your ability to drive.
4. Maples & Urbach: DUI/DWI/ Drunk Driving and Related Traffic Violations driving under the influence of drugs or alcohol, driving without a license, driving on a suspended license, hit and run
5. Jaye Mendros: Can you guarantee I won't go to jail or prison? No lawyer can ethically answer this question "yes." Depending on your legal situation, I will tell you what the most likely outcome will be on your case, what good legal issues you have (i.e. bad search, insufficient evidence, etc), and do everything possible to get the best result possible for you. If you have spoken with a criminal defense attorney who has "guaranteed" you a win or an acquittal or any particular outcome on your case, you have just spoken with a lawyer you cannot trust. I will never guarantee any particular outcome, because I am ethically obligated not to do so and because I will not lie to you.
6. Ed Geary:

   6 Most Important Questions to Ask a Lawyer before Deciding to Hire Him.

   1. First of all, you must ask -- "How many years has he practiced criminal law?" Of course, the longer the time -- the more training and experience he will have. Ten years or more gives you a good probability that he will have expert knowledge to use in getting you the best outcome for your case. This expert knowledge not only relates to knowing the laws, but also knowing the other lawyers, judges, and how they operate,... and being able to figure out the best strategy for your case.

   2. Secondly , you must ask -- "How many trials has he handled?" Obviously, you would rather have someone who has tried a lot of cases, ideally 100 or more. An attorney with that level of experience is going to be better at such things as jury selection, negotiating reduced sentences, closing arguments, and any number of critical elements in a criminal case. You don't want to get someone just out of law school!

   3. Next, you should ask -- "How many were jury trials?" Jury trials are very different from other trials and are a true test of the attorney's ability to think on his feet. Again you want that number to be high -- say -- at least 50 or more. One of the ways I see defendants unknowingly losing their ability to get the best plea bargain (without going to trial) is having a lawyer who is inexperienced in trials or who avoids them altogether. Believe me, the prosecution can smell that inexperience and therefore will not offer as good a plea. But, if the prosecution knows the defense lawyer is not afraid of trial, your bargaining power is immensely improved. You see, the assistant D.A.'s don't want to waste their time trying a case if they think your defense attorney will win.

   4. There's another key question to ask that almost no one asks because this is a little known credential that most attorneys will not tell clients about . And that question is -- " Is he a Certified Criminal Attorney by the National Board of Trial Advocacy?" -- This is a designation few attorneys have. It means the attorney has tried at least 40 jury trials along with several other rigorous requirements. You can be sure he/she has the experience you want and desperately need if he is certified. This certification comes from an impartial board that has certain strict National requirements for attainment not based on any "political" or biased considerations.

   Few attorneys are certified because they either do not have the strict qualifications it takes or they are not dedicated enough to criminal defense to give their clients that reassurance.

   5. Something else you want to know is "Will he provide you with at least a monthly update on your case?" Many attorneys leave their clients in the dark about what is going on. This "not knowing" can drive you crazy and make it hard for you to concentrate on other things in your life like earning a living . Being charged with a crime is stressful enough—you don't need an unresponsive lawyer to add to the stress--- and maybe even give you headaches, ulcers, or high blood pressure!

   6. Last, but not least, you must ask, "Will he give you a flat fee price or charge an hourly rate which can go on forever?" After an attorney does a thorough job of determining what kind of work is needed for your case, if he is experienced, he should be able to quote you a set price. After all, you want to know what it will cost you -- without having to worry about an attorney who purposely drags things out to run up his fees!

7. Kent Eldrige: If you are charged with a crime, whether in state or federal court, you will have an experienced and skilled criminal attorney to fight for you and protect your rights.
8. Thomas Allder: Your results will depend upon the facts of your case.
9. Charles Sifers: If you refused to take a breath, blood or urine test after being arrested for DUI in Oklahoma, or if the results of your test were .10% blood-alcohol or above, your license will be suspended or revoked 30 days after the arrest for no less than six months and possibly up to three years, unless you or your attorney take appropriate action to demand an administrative hearing within 15 calendar days after arrest.
10. Brian Loughren: State and federal procedures in a criminal trial must protect a defendant's due process rights. If a defendant who is legally incompetent to stand trial is convicted of a criminal offense, the defendant's due process rights are violated. A defendant cannot be prosecuted if he or she is incompetent to stand trial.
11. John Albert: The Fourth Amendment generally protects the right of people to be free from "unreasonable searches and seizures." In order for a search or seizure to be reasonable under the Fourth Amendment, it must usually be based on individualized suspicion of wrongdoing. In 1979, the U.S. Supreme Court held in Delaware v. Prouse that randomly stopping an automobile to apprehend unlicensed drivers and unsafe vehicles constitutes an unreasonable seizure under the Fourth Amendment, where the officer does not have reasonable suspicion that a motorist has violated the law. The Court reasoned that the State's interest in ensuring roadway safety does not justify discretionary spot checks that intrude on the privacy of motorists. However, the Court has since made a limited exception for DUI sobriety checkpoints, holding that officers may perform random spot checks to catch drunk drivers with no requirement of individualized suspicion.
12. Ogle & Welch: Every state makes it a crime for a driver to operate a vehicle (car, motorcycle or commercial vehicle) while under the influence of alcohol or drugs. Commonly called driving under the influence (DUI), this offense may also be called driving while intoxicated (DWI), operating under the influence (OUI) or operating a motor vehicle intoxicated (OMVI). There are two situations when a driver can be arrested and convicted for DUI: 1. When the driver is unable to operate a vehicle safely as a result of being impaired by alcohol, illegal drugs, prescription medications (e.g., painkillers) or over-the-counter medications (e.g., antihistamines); or 2. When the driver is operating a vehicle above the state's set blood-alcohol concentration (BAC) standards. A driver's first DUI conviction is normally charged as a misdemeanor, but may increase to a felony in some states if someone was injured or if it is a repeat offense. For example, DUI may be charged as a felony in California if the accused has three or more prior DUI convictions.
13. Robert Robles: If the government is trying to convict you of a crime, you need a vigorous defense. A criminal conviction can impact you for the rest of your life. A DUI conviction can have serious and lasting effects. Offenders may be subjected to incarceration, heavy fines, increased insurance rates, and a driversÕ license suspension. A DUI, DWI or OUI conviction will leave a permanent mark on your criminal and driving records. Individuals whose livelihood depends on operating a truck, taxi, and even an airplane can be severely affected by a drunk driving charge, as a conviction makes it nearly impossible to obtain a commercial driversÕ license.
14. James Hughes: The Fourth Amendment prohibition against unreasonable searches and seizures generally requires police officers to obtain a warrant based upon probable cause before performing an arrest. Intended to protect against unreasonable searches and arbitrary arrests, the warrant requirement has traditionally been strictly enforced to prevent violations of constitutional privacy interests.
15. Atkins & Markoff: Driving under the influence, referred to as, "drunk driving," describes operating a motor vehicle while one's blood alcohol content is above the legal limit set by Oklahoma statute, which supposedly is the level at which a person cannot drive safely. State statutes vary as to what that level is, but it ranges from .08 to .10 for adults, which means a 8/100ths to one-tenth of one percent by weight of alcohol to the weight of blood. This is translated into grams of alcohol per 100 milliliters of blood in tests of blood or urine sample, or grams of alcohol per 210 liters of air in a "breathalyzer" test. A combination of the use of alcohol and narcotics can also be "under the influence" based on erratic driving. Driving on private property such as a parking lot is no drunk driving defense, but sitting in a non-moving vehicle without the ignition on probably is (sometimes resulting in a charge of "drunk in and about a vehicle"). This is a misdemeanor and is variously referred to as DUI, driving while intoxicated (DWI), drunk driving, or a "deuce".
16. John Hunsucker: In Oklahoma, the lesser offense of Driving Under the Influence (DUI) is Driving While Impaired (DWI). According to Oklahoma law, DWI is operating a motor vehicle on a public roadway while having a blood alcohol level of .06 or.07. Upon conviction, Driving While Intoxicated (DWI) does result in a driver license suspension. Driving Under the Influence (DUI) Driving Under the Influence (DUI) can be charged against you several ways in Oklahoma. If you are arrested by a city or municipal police officer, the police officer has the option (subject to their department's policies) of charging you in the city court or in the state district court. If the DUI is filed in the city court, the penalties range from no jail time to 6 months jail time and/or a fine. If you are arrested by the Oklahoma Highway Patrol, a county deputy, the charge will be filed in the state district court. If it is your first driving under the influence (DUI) offense and no one was injured, the DUI will be filed as a misdemeanor. Misdemeanor DUI carries a fine of up to $1000.00 and jail time of at least 10 days but not more than one year in the county jail. The sentence can be deferred resulting in no conviction or the jail time can be suspended. Although DUI is a serious charge, most people will not be required to do any jail time on a first time misdemeanor DUI offense. (Be careful as some of my competitors will try and scare you by telling you that jail time is a real possibility in an effort to charge you more.) If you have a prior conviction for DUI from a court of record (District Court or Oklahoma City and Tulsa Municipal Courts) within the prior 10 years of your new DUI charge, you can be charged with felony driving under the influence (DUI). Depending on prior convictions, felony DUIs carry a minimum of one year up to either five, seven, or ten years in the state penitentiary. The fine can be as high as $7500.00. The sentence can be deferred or the jail time can be suspended. If you have an accident while driving under the influence resulting in great bodily injury, the State can charge you with a felony regardless of whether you have any prior convictions. If a death results, you can be charged with Manslaughter which carries up to life in the State Penitentiary. Oklahoma has a statute making any DUI where the driver has a blood or breath alcohol level of .15 or more an Aggravated DUI. This has no effect on whether your charge is filed as a misdemeanor or felony. In fact, at least one Judge has ruled this statute unconstitutional and as a result, if the charge is filed as an aggravated DUI, the District Attorney will most always amend to a regular DUI charge. This is preferable as Aggravated DUI carries mandatory 28 day alcohol and drug in-patient treatment. If you are under the age of twenty-one and have a BAC of .02 or more, you can be charged with DUI Under 21. This charge carries fine and community service only. Moreover, a conviction cannot be used later to enhance a subsequent DUI to a felony. Like all other DUI charges, a conviction will suspend your Oklahoma driving privileges. Be advised though, if you have a BAC of .08 or more, the prosecutor can and most likely will file a regular DUI charge against you. Driving While Impaired (DWI) If your test results show a BAC of .06 or .07, you can be charged with Driving While Impaired (DWI). If charged in city or municipal court, it will carry a fine and possible jail time. If the charge is filed in State District Court, DWI carries a penalty of a fine up to $500.00 and/or jail time of up to six months in the county jail. DWI only carries a license revocation upon conviction. Most of my DWI clients do not take a conviction and thus, never suffer any license revocations. Actual Physical Control Another DUI related charge is Actual Physical Control of a Motor Vehicle Under the Influence of Alcohol. This charge is commonly referred to as APC. The difference between DUI and Actual Physical Control (APC) is that DUI requires actual operation of the motor vehicle. The penalties and license consequences are the same as lasted for DUI. Additionally, in all of these cases, you may be required to complete an alcohol/drug assessment (highly likely), attend a victim's impact panel also known as VIP (highly likely), complete community service, attend AA meetings, pay probation fees, and/or complete a DUI school. Oklahoma Driver's License Penalties Refusing to take a breath test or blood test or testing a BAC of .08 or more will result in a license suspension of 180 days if you have not had any other revocations in the preceding five years. This revocation can be contested (and perhaps prevented) by requesting an administrative hearing within 15 days of your arrest. This request is made to the Department of Public Safety and there are no waivers of the 15 days to file. If you lose your license, this revocation may be modified resulting in operator's driving privileges 24 hours a day. 7 days a week as long as the vehicle is equipped with an ignition interlock device. If you are required to drive company vehicles during work hours, depending on the circumstances, an ignition interlock device may not be required for you to operate those vehicles. This is the only option for driving privileges during the revocation period. Oklahoma no longer provides for a "work permit", only modified licenses. If you have had prior revocations within the preceding five years, the revocation period will be for either 1, 3, or 5 years depending on prior revocations. These revocation periods are not modifiable meaning you cannot get any type of driving privileges during the period of revocation. Your only option to drive legally is to win the DPS hearing and avoid a DUI conviction.
17. Luis Gallegos: A jury has a certain number of men and women who are selected to inquire into factual matters in criminal and civil proceedings.
18. Carson Carter: If you have been contacted by the police and they want to speak to you. WATCH OUT. You are in serious trouble. Even if they say, you are not a suspect and they just want to talk. You need a lawyer before you say anything at all.
19. Robinson & Hoover: DWI/DUI means "driving while intoxicated" or "driving while under the influence" and refers to the crime of drunk driving. This crime usually includes driving while abusing drugs and the operation of other kinds of motorized vehicles, such as boats. Drunk driving is defined by each state's criminal code.
20. Hosty Law (all counties): Anyone who registers a blood alcohol conconcentration of .10 or above on an approved breath testing device will be charged with Driving Under the Influence (DUI) and is subject to a 180-day driver's license revocation.
21. William Campbell: DUI is shorthand for "Driving Under the Influence." A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state.
22. Wyatt Law Office: The Constitutions of the United States and Oklahoma each guarantee our citizens certain basic rights, including the right to counsel, the privilege against self-incrimination (i.e., the right to remain silent), the right to be free from unreasonable searches and seizures, etc. In matters of criminal law and investigation, you must know your rights. DUI & DWI -- Driving Under the Influence Driving Under the Influence and Driving While Intoxicated are two of the most commonly charged criminal traffic offenses in Oklahoma and around the nation. Oklahoma also prosecutes those in Actual Physical Control (APC) of a motor vehicle while under the influence. In these cases, you need qualified counsel to assist you in defending the criminal charges and in challenging the revocation of your driver's license. If you are stopped in a traffic stop and the officer arrests you under suspicion of driving under the influence, you will be offered a breath test or blood test. Failure to agree to the test will likely result in the automatic revocation of your driving privileges in the State of Oklahoma. Field sobriety tests may or may not be given you depending on the circumstances. DUI and DWI are terms associated with alcohol (including 3.2 % beer) and drugs. If you are ticketed for DUI or DWI or APC, you have only 15 days to file a request for hearing on the suspension of your license and/or modification of your driver's license. Failure to file the request timely will result in revocation of your driver's license. DUI and DWI are no longer "automatic" convictions. There are scientific challenges to the evidence and standards that must be followed by law enforcement to make the blood-alcohol testing accurate and the arrest legal. Also note that conviction of any drug crime will likely cause the revocation of your driver's license under Oklahoma law. You must have counsel to plead your criminal case effectively to the District Attorney and to plead your "license" case to DPS and to guide you in the many options that may face you in this difficult time.
23. Michelle Roper: If you are charged with drunk driving, the charges can impact your insurance rates, your ability to drive, and you may even face jail time. It is important that you preserve your rights while protecting your reputation, regardless of the offense.
24. Fabian & Associates: Driving under the influence occurs when a person operates a motor vehicle and their abilities are impaired by the consumption of alcohol or drugs to the extent they are unable to safely operate the motor vehicle. The Crime can occur on the highways, streets or turnpikes of the state of Oklahoma, or in a Public Parking Lot, which is defined as a parking lot dedicated to the Public. A person 21 or over can be considered under the influence at .08 grams of alcohol per 210 liters of blood. Persons under the age of 21 can be charged with Under 21 DUI with an Alcohol level of .02.  The level of alcohol is determined through use of the breath test or a blood test.