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Tulsa DUI Lawyers

1. Adams, Patrick: DUI Charges DUI is the crime of driving under the influence of alcohol and/or drugs. If you are caught operating a motor vehicle with a BAC of .10% or greater in Oklahoma then you will be arrested on suspicion of DUI. When arrested for DUI most drivers are usually charged with 2 separate offenses, the first being the criminal charge of drunk driving and the second being an administrative action against your driving privileges. The Oklahoma DMV can administratively suspend your driving privileges if you are found to be operating a motor vehicle while driving under the influence. No evidence of impairment is necessary in this instance... just by operating the motor vehicle at or above the allowable limit enables them to suspend or revoke your driving privileges. When facing a DUI charge it is important to learn the state specific DUI laws that you will face and to seek a qualified Oklahoma DUI attorney.
2. Taylor, Ryan, Schmidt, & Van Dalsem: # Personal Injury Negligence Claims # Motor Vehicle Accidents # Construction Accidents # Workers' Compensation # Business Litigation # Criminal Defense # DUI Defense # Drug Charges
3. Norwood Law Firm: Felony and Misdemeanor DUI In Oklahoma a person can face a DUI (driving under the influence) or DWI (driving while intoxicated) charge as a felony or a misdemeanor or in State District Court or municipal court. Municipal courts in Oklahoma can only hear criminal misdemeanor cases. A misdemeanor criminal charge is generally defined as a criminal charge that has a maximum sentence of one year in the county or municipal jail. A felony is any criminal charge that has a sentence of one year or more. In the state of Oklahoma the maximum that any person charged with DUI can face is 10 years in the Oklahoma Department of Corrections. In Oklahoma some criminal charges are considered violent or eighty five percenters (85%), meaning that a person must serve eighty five percent of the time sentenced to before being considered for credit time or good time. In Oklahoma a DUI is never the dreaded eighty five percent sentence. Notification must be made to the DPS within 15 days of being arrested Besides the criminal issues that a person has to be concerned about when facing a DUI charge, a person also faces issues with their driver's license. An attorney that knows what to look for and how the Department of Public Safety operates can spare a person from the negative effects of a restricted or suspended driver's license. Joseph Norwood has worked successfully many times to spare his clients these negative effects. Every person that is facing a challenge by the Department of Public Safety to their driving privileges is entitled to a hearing. For a person to exercise their right to the hearing the DPS must be notified in writing within 15 days of a person being arrested for a DUI. Expungement In Oklahoma the blood alcohol content that a person must have to be considered legally drunk is .08. The limit is lower for DWIs. People in their early twenties and teens who are arrested for DUI or DWI can take advantage of the youthful drunk driving program. This allows them the opportunity to have the case expunged off their record when older people may not have that opportunity. Most people can have an opportunity to have their case expunged. The ways and reasons that this can happen are too numerous to be listed here. A person can have their case expunged after a not guilty, a dismissal in some circumstances or the successful completion of a deferred sentence.
4. Henson Law Office: Limits on Travel as a Consequence of DUI/DWI Conviction Various problems can occur after receiving a driving under the influence (DUI) or driving while intoxicated (DWI) conviction. One of the potential problems that many people do not realize is possible limitations on travel. Many countries classify any crime as a reason to refuse or limit your entry into their country. Most often, foreign governments will only ban you for travel if the offense is a felony. For lesser charges such as misdemeanors, there is often a five year or longer time period during which the country limits or restricts travel. Fortunately, the overwhelming majority of DUI and DWI convictions are misdemeanors. Generally, a felony conviction for DUI or DWI only occurs for individuals who have previous DUI or DWI convictions or individuals who caused death or serious injury in a collision. If you are planning international travel and have been convicted of a DUI or DWI offense, you should contact an attorney immediately. Frequently, an attorney can facilitate an application for limited admission to the country where you plan to travel. However, as admissions often require a great deal of paperwork and time you should begin the process well before your travel dates.
5. Hayes Law Office: Reasons to Get Help Now * Ensure evidence and witnesses are available and that memories have not faded * Protect your driver's license from suspension or revocation after DUI/DWI charges * Know your rights before you do something that may waive them, such as speaking with the police or prosecutor * Understand the nature of the charges being brought against you * Allow us to advocate on your behalf immediately after the arrest
6. Raynolds, Caleb: Drunk Driving If you have been arrested for drunk driving, you need a qualified and experienced attorney in your corner to make sure your rights are protected. Even more than that, you need someone with a thorough knowledge of the complexities of DUI law in Tulsa and Surrounding Areas to fight for you. At Law Office of Caleb Raynolds, our experience, intricate understanding of DUI law and aggressive approach to legal defense have helped hundreds of our clients keep their freedom and licenses. There are literally hundreds of legal recourses that can help you reduce your sentence to a non-criminal charge or get your case thrown out altogether. We know every single one of these loopholes, and we know how to use them to your advantage. If the arresting police officer did not follow due process in any aspect of the arrest, we will find out and, in many cases, use that information to get your case thrown out entirely. This is why it is crucial to have an attorney on your side. You must never go alone to defend yourself against a drunk driving charge. So when you need to be sure that you are getting the very best legal representation, and not some fly-by-night attorney who is only interested in settling your case as soon as possible, trust the DUI experts at Law Office of Caleb Raynolds to do everything in their power to get the best possible ruling on your case.
7. Ramey, James: 1. During a traffic stop do not answer questions that are not related to the stop, such as where are you coming from or where you are going, if you are carrying large sums of cash, where your work, or what the purpose of your travel is. If the officer persists with these questions, tell him you want to speak with your attorney. If the officer tells you that you are free to go, then LEAVE. Do not agree to stay and answer more questions. 2. NEVER grant permission to the police to search your house, car, bags/luggage, person or any other property. 3. If an officer begins talking to you on the street, ask the officer if you are being detained. If the officer says no, then tell the officer you do not want to speak to him and leave the area. If you are told you are being detained or are under arrest, NEVER answer any questions. Tell the officer you are remaining silent and that you want to speak to your attorney immediately. 4. The most common reasons for police to show up at your front door is because of noise or pet complaints. Keep your stereo turned downed, tell your guests to be quiet, and keep your pets under control. 5. If the police knock on your door, step outside and CLOSE the door behind you while you find out why they are there. NEVER consent to any search. If the police have a search warrant, stand aside and remain silent other than to say you want to contact your attorney immediately. 6. Remember the police LIE! Some examples of lies the police will tell you are the following: "If you tell me where you got the marijuana, I won't arrest you." "Things will be easier on you if you just tell me everything." "I won't charge you wife/child/friend if you just admit the marijuana/pipe/papers are yours." Do not fall for these lies. Refuse to talk to the police and tell the officer you want to talk to your attorney immediately.
8. Gorospe & Smith: Getting a DUI or other alcohol related driving charge can be very stressful. The impact it has on your life, your job, and the family and friends around you can be extreme. What is a DUI?
9. Monroe, Stanley: The area of law that deals with crime and the legal punishment of criminal offenses is called criminal law. The criminal laws of the United States are supported by different theories of criminal justice. They are punishment, deterrence, incapacitation, and rehabilitation. Criminal law differs from civil law in that civil actions are disputes between private parties for damages, whereas in criminal cases, the government files charges against a criminal defendant seeking a conviction and a criminal sentence for an alleged offense. Generally, two elements are required to convict a defendant of a criminal offense: an overt criminal act and criminal intent. The requirement of an overt act is fulfilled when a defendant purposely, knowingly, or recklessly does something prohibited by law. In most cases, the defendantÕs intent is inferred from the circumstances of the alleged offense.
10. Glen Graham: You should be advised that you only have fifteen (15) days to request a hearing from the Department of Public Safety to attempt to save your driving privileges. You should hire a lawyer to file the proper request in the proper format to request a hearing to attempt to save your driving privileges. Your driving privileges are treated separately from your criminal case. Everyone is presumed to know the law, so if you fail to make a timely request for a hearing, you will have waived you right to a hearing on your drivers license. It may be possible to use the drivers license hearing as a Òdiscovery toolÓ to see what the police officer will testify to in your case in the criminal case. Again, if you fail to make a timely request for a drivers license hearing then you will have waived your right to a hearing on your drivers license. Usually, the court is going to require a Òsubstance abuse assessmentÓ before the case can be finalized or any deals can be worked out. Also, if you score sufficiently good on the assessment, you might be able to argue that you do not have a problem and use it to obtain a better deal or as a mitigating factor. Any DUI school can give you a substance abuse or alcohol assessment which costs $175.00 dollars. Most take payments but will not give the assessment until they have been paid. The court will order you to comply with any requirements stated in the assessment. If it is determined that you do not have a problem with substances or alcohol, then this information can also be conveyed to the court. Normally, the court will pass the case to give you time to complete the assessment and to pay your lawyer. Most lawyers expect to be paid prior to completion of the case. At some point a plea bargain may be worked out. Normally, if this is your first offense and you do not have a "bad" criminal record and do not have other offenses and if the facts are right, then the court will put you on a 4 month program for you to complete certain requirements during those 4 months. The normal requirements are the DUI school, victim impact panel, (if under 25 yrs Ð then the Youthful Offender Program), and sometimes community service plus fines and costs. Each case is different and it depends upon the recommendations of the assessment and the court. If you are under 25 yrs, then you may qualify for a YDD program which results in a Òdeferred sentenceÓ which means upon successful completion of the court requirements (including probation) then your case is dismissed and expunged upon payment of the costs and assessments. If you are over 25 yrs, then you may qualify for an adult program which results in a reduced charge to a lesser offense and a fine and probation. Again, each case is different and it depends upon the facts. A person who is charged with DUI and has young children in the car or speeds through a school zone or endangers other peoples lives such as having a bad accident while DUI, may have a more difficult time attempting to work out a satisfactory plea bargain. Each case is differenct and you need to consult with a local lawyer in your area.
11. John Dunn: Misdemeanor Procedure Because there is "less at stake" when a citizen is charged with a misdemeanor crime, the state has fewer hoops to jump through.Ê In a misdemeanor crime, the accused is arraigned on the charge and the matter is normally set for a 'disposition docket' or a 'sounding docket' at which time the prosecutor normally offers a 'plea bargain' of some punishment less than the maximum in exchange for a guilty plea.Ê If the offer is not accepted motion arguments are heard at a 'motion hearing' and the matter is set for trial.Ê Trial may be a 'bench trial' (before a judge only) or a jury trial, which is heard by a jury comprised of six citizens of the county in which the offense is alleged to have occurred.Ê In 'bench trials' it is the judge that decides whether the state has met its burden to prove each element of the crime charged 'beyond a reasonable doubt.'Ê Should the judge determine that the state has met that burden, he or she will pronounce guilt and determine the punishment.Ê In a 'jury trial', the jury determines the facts of the case and applies those facts to the law -which is given to them by the judge in the form of jury instructions.Ê The jury determines if the state has met its burden of proving each element of the crime beyond a reasonable doubt and determines the punishment. Q: What is the legal limit? A: Under Oklahoma law, if a breath test or blood test yields a blood alcohol content of greater than 0.08 mg/L, the defendant can be convicted of DUI. If the subject has a blood alcohol of 0.06 or 0.07, the defendant may be convicted of DWI. However, if the officer is able to testify that the defendant was "under the influence of alcohol" the state may be able to sustain a conviction on that evidence alone with no test. Contact John Dunn, a Tulsa DUI attorney immediately for assistance in the event of a DUI/DWI charges. Q: What are the different parts of the DUI process? A: A DUI is comprised of TWO separate and distinct actions. * Criminal - the defendant is prosecuted for the crime of Driving Under the Influence of Alcohol. The state must prove the elements of the crime of DUI beyond a reasonable doubt. If convicted they may be punished with fines, community service, or imprisonment. In addition, a conviction for DUI will result in the revocation of your driver's license. * Civil - the State of Oklahoma (through the Department of Public Safety) is suing the defendant for their driver's license. This is an administrative action. The state must show by preponderance of the evidence that the defendant was driving or an actual physical control of a motor vehicle while under the influence of intoxicants. If the state meets its burden, the defendant's license may be revoked. It is possible to lose the civil action but win the criminal action. At the same time, it is possible to escape a conviction through a plea deal, and still lose your license in the civil action. Your attorney must be prepared to defend you in BOTH actions. Tulsa DUI lawyer, John Dunn, has proven expertise in defending clients who have received a DUI charge. Q: What happens if the accused is under the age of 21? A: If the accused is under the age of 21, the state need only show that the defendant's BAC was 0.02. This is also known as "any detectable amount" of alcohol. Should the defendant test greater than 0.02, their license may be revoked and they may be convicted of DUI. Q: Can a DUI ever become more serious than a misdemeanor? A: Yes. Any second or subsequent conviction of DUI in a court of record within a period of ten years may be filed as a FELONY and becomes punishable by a prison term in the state penitentiary. Representative by a experienced Tulsa DUI attorney is strongly advised for anyone receiving a DUI. Q: What is "APC"? A: "APC" stands for "Actual Physical Control". If a person has the ability to operate the vehicle (whether the vehicle is being operated or not) the person is said to be in "actual physical control" of the vehicle. Therefore, a person who is passed out behind the wheel with the keys next to them in the seat may be arrested and convicted, despite the fact that they were not driving and the vehicle was not running. Q: Can I be arrested for DUI in a parking lot or driveway? A: Yes. For purposes of DUI, the state has defined "public roadways" to include driveways, parking lots, or any other roadway that connects to a public roadway. Please contact one of Tulsa's DUI lawyers, John Dunn, for in depth answers to any of your questions. Q: How do I get out of jail? A: For many misdemeanor charges, there are pre-set bonds. If there is no pre-set bond, the magistrate sets the bond based on several factors. You may post the bond or hire a bail bondsman to post it for you to be release from custody during the criminal process.
12. Robinson Law Group: Fight your case with extensive pre-trial motions, vigorous cross-examination of the prosecution's witnesses, defense experts, demonstrative evidence, photographs, videos, your testimony, testimony of any witnesses you may have and conducts thorough research, preparation and investigation in your DUI case.
13. Bruce Edge:

    The 7 Deadly Sins for an Oklahoma DUI

    And how to avoid them.

    1. THINKING IT IS A "SIMPLE" DUI. There is no such thing as a "simple" DUI. A conviction on this charge will follow you for the rest of your life. The additional insurance charges alone could cost you thousands of dollars. You may loose numerous job opportunities, be denied housing, loose a pilotâs license and be prevented from traveling to foreign countries. There are many hidden costs to you from a conviction.  
       
    2. THINKING ALL ATTORNEYS ARE THE SAME - THEY ARE NOT.  DUI is a complex field. It involves physical, mental, emotional, scientific, technical, and factual issues that are unique to each case. Defenses must be raised at the right time or you will lose them and evidence must be gathered quickly. Timing can be very important to the success of your case.
       
       The American Bar Association recognizes DUI as a specialized field of training and study. There are currently 33 Board Certified DUI Lawyers in the United States. You should seek out the best qualified attorney who specializes in this area of practice.
       
    3. NOT REQUESTING AN ADMINISTRATIVE HEARING TO PROTECT YOUR DRIVERS LICENSE.  I only have 15 DAYS to request a hearing for you --- The ONLY way to protect your driverâs license. Contact me immediately to help you protect your license.  If an attorney doesnât tell you about this hearing or tells you, you canât win this hearing-- that attorney is either not competent to represent you or is taking short cuts at your expense.
       
    4. SELECTING AN ATTORNEY BASED MAINLY ON A LOW FEE.  The lowest fee may mean the least qualified and someone who will spend the least amount of time on your case. They may take the easy way out and settle for the first offer the Government makes so they can move to another low fee case. You get sold out when the legal issues of your case are ignored in an effort to make a quick fee. The low fee most likely will cost you more in hidden costs before you are finished. Be careful of bargains with brain surgeons, parachutes and DUI Defense Attorneys.
       
    5. QUICKLY ACCEPTING A SETTLEMENT FROM THE PROSECUTOR. The first offer is not a deal. An attorney who takes the first offer is trying to get rid of your case with the least amount of work. You never get to raise legal issues or make the State prove its case. This is not legal defense÷this is an escort service.
       
    6. DRIVING AFTER YOUR LICENSE HAS BEEN TAKEN AWAY.  This is an arrestable offense and can make it more difficult to represent your DUI as well as cause an increased suspension period.
       
    7. FAILING TO PROTECT YOUR CONSTITUTIONAL RIGHTS. An experienced DUI Attorney will recognize the issues unique to your case and will have the experience to protect you. This includes at a minimum the legality of the reason you were stopped, your removal from the car, the legality of any test given to you, the propriety of any field test given to you, the validity of your arrest itself, the legality of any breath test request and the procedures of the administration of any breath/blood test.

     

14. Kania Law Office: When a person is accused of a crime he or she is faced with the real possibility of going to jail and/or paying astronomical criminal fines. This possibility is daunting and can often act to paralyze the defendant with fear and apprehension.  People who have recently been arrested or who face imminent danger of being apprehended need to seek aggressive and realistic legal representation.
15. >Flynn Law Firm: You should consult an attorney for individual advice regarding your own situation.
16. Brewster DeAngelis: Although you are not required to have an attorney, it is a good idea to retain one if you have been placed under arrest, or charged with DUI/DWI, particularly if you have seriously injured or killed another person. DUI/DWI laws are strictly enforced. While there may be some arguments that you can make in your defense, or mistakes that were made by the police, your chance of successfully making those arguments or finding those mistakes is much greater if you have an attorney assisting you sooner, rather than later. Invoke your right to remain silent, and ask to speak to an attorney. If you are faced with a DUI/DWI charge, an attorney may be your only hope for avoiding or reducing any penalties or imprisonment you face.
17. Steven Hightower: Being charged with a crime can be frightening and confusing.
18. Kurt Arras:

    Don't make the mistake of choosing the inexperienced and reduced rate lawyer or representing yourself in a ... criminal action.

    1. You have rights; protect them through an experienced attorney.
    2. Consider what is at stake.
    3. You have legal obligations.
19. Kevin Adams: Any person faced with the awesome power of government is in great jeopardy, even though innocent. Facts are always elusive and often two-faced. What may appear to one to imply guilt may carry no such overtones to another. Every criminal prosecution crosses treacherous ground, for guilt is common to all men.
20. Elias & Hjelm: If you or someone you know has been arrested, or is being investigated for a criminal offense, you deserve the best legal representation possible. An arrest or conviction can have a significant impact on your well-being, employment, and personal freedom.
21. Kurt Hoffman: A important note about drunk driving: If you are charged with DUI, DWI, or APC you could lose your driver’s license for up to three (3) year or more, pay large fines, have a lengthy probationary period, be court-ordered to complete alcohol treatment, and even face jail time. Drunk driving is a serious criminal charge, and you need serious representation.