Can I Get Out of a DUI in Oklahoma?
Obviously, the best way to avoid getting a DUI in Oklahoma is not to drive under the influence. That being said, there are steps you can take to avoid a conviction for DUI. However, first, we need to cover some basic concepts: what the law says, what to do when pulled over, and possible defenses in court.
After that, we’ll talk about how to fight a charge of DUI in Oklahoma.
Oklahoma DUI Laws: What is a Standard Drink?
Under Oklahoma law, it is illegal to operate a motor vehicle if you have a blood alcohol content (BAC) level of 0.08 or higher.
To understand how much alcohol this is, we need to define what a standard drink is. A standard drink is an alcoholic drink that contains at least 14 grams of alcohol.
For reference, this would be:
- Twelve ounces of regular beer – one bottle of beer – if the beer is around 5% alcohol in content
- Five ounces of wine – a typical glass of wine – if the wine is about 12% alcohol in content
- One and a half ounces of distilled spirits which is about 40% alcohol – for reference here, think of the typical amount of whisky poured in a tumbler for one drink
For every one standard drink you take, your BAC goes up by 0.02%. Therefore, it takes four to five standard drinks (things like metabolism and body weight will affect this) to reach a BAC level of 0.08%. Keep in mind as well that it takes one hour for the alcohol from one standard drink to leave your body.
“Actual Physical Control”
Contrary to what the term DUI may imply, you don’t have to actually be driving while under the influence to run afoul of the law – simply sitting in your car is enough. This is referred to as “actual physical control” – if you have the keys to the car and are inside the vehicle, you have actual physical control (APC) of the vehicle. This can lead to what’s called an APC DUI. The penalties for APC are equal to the penalties for DUI.
Penalties for Getting a DUI in Oklahoma
The DUI rules in Oklahoma are extremely stringent, especially for repeat offenders. A first-time DUI conviction is a misdemeanor which carries a sentence of up to a year in jail or a fine of up to $1,000, or both. A second violation carries a possible sentence of one-to-five years in prison, a fine of up to $2,500. Possible penalties for a third offense are especially severe – between one to 10 years in prison and/or a fine of up to $5,000.
Note: any DUI after the first can be charged as a felony in Oklahoma.
Aside from this, you can also lose your driving privileges for a period of time (ranging from one month to three years) and be forced to take defensive driving courses to regain them (after any applicable prison time or fines).
Aside from this, other ramifications of a DUI in Oklahoma can include:
- the revocation of your right to vote;
- remaining in or joining the military;
- keeping or acquiring certain professional licenses;
- restrictions on your ability to own and operate firearms;
- being hired for certain jobs, especially those working with children or the elderly;
- difficulty finding housing; and
- potential problems forming relationships, especially of a romantic nature
If you are facing your first DUI offense, it is vital you fight to keep it off your record at all costs.
What to Do if Pulled Over
If you get stopped by the police, comply with any and all lawful orders – being unnecessarily difficult can only make things worse for you. It may be wise to refuse any roadside tests, since they’re more often used by police to build a case against a suspect than to exonerate them. However, don’t refuse a breathalyzer test – you could lose your license for refusing. Moreover, police can simply obtain a warrant and then forcibly draw blood from you if they’re seeking your BAC level.
People accused for the first time may try to negotiate a deal through their Oklahoma DUI lawyer. A typical first-time agreement might include participation in an Impaired Driver Accountability Program (IDAP), in which an ignition interlock device will be installed in your car. You will also be expected to attend Drug and Alcohol Assessment Courses (ADSAC). In exchange, you may receive a deferred sentence that can later be expunged.
Possible Defenses to a Charge of DUI in Oklahoma
First of all, it’s important to remember that the prosecution must prove its case against you beyond a reasonable doubt.
If the State cannot prove any of the elements required for a DUI conviction, or if the police violated any rules in making the traffic stop or administering your breathalyzer or field sobriety test, it will fail to prove its case beyond a reasonable doubt. As a result, the charge against you will be dismissed.
Thus, the two most common ways to fight a DUI in Tulsa are:
1) challenging the arresting officer’s right to stop you, and;
2) challenging the validity of the Breathalyzer or field sobriety test that was administered to you after you were stopped.
In many cases, an experienced DUI attorney can review the details of your arrest to look for irregularities in how the traffic stop or arrest was conducted which can lead to the charges against you getting dismissed.
For example, if the arresting officer did not see you committing any traffic violation, the officer may not have probable cause to pull you over. An expert DUI attorney in Tulsa can use this to petition the court for a dismissal.
If your attorney can prove that the officer did not follow standard procedure in the course of events leading up the DUI charge, your case may be dismissed.
Free Consultation with a Tulsa DUI Lawyer
It is in your best interest to fight a charge of DUI in Oklahoma and only an experienced DUI lawyer in Oklahoma will have the skills to help you do this. If you or someone you know has been charged with DUI in Oklahoma, it is crucial to consult with a skilled Oklahoma DUI attorney to ensure your rights are protected and to explore the best possible legal strategies for your case. For a free consultation with a DUI lawyer in Tulsa, call the Tulsa Criminal Defense Law Firm at (918) 256-3400 or use the form at the top of this page to send your question.