If you’ve been Arrested in Oklahoma our Creek County DUI Attorneys can help. In 2016, the Oklahoma case Sample v. Dep’t. of Public Safety created a precedent to invalidate breathalyzer tests in Driving Under the Influence (DUI) cases. The decision that Oklahoma’s breathalyzer test rules are not valid for use in courts allowed many drivers to reinstate their licenses after DUI convictions. This is currently causing review in many other cases too. If you or a loved one is in need of legal help regarding DUI offenses, our attorneys are here to help. Read on to understand more about the charges and what we can do in your favor.
DUI Statutes in Creek County:
The statute in Oklahoma governing DUI’s is 47 Okl.St.Ann. § 11-902. Subsection A set out the parameters for DUIs: 0.08 Blood-Alcohol Content or under influence of Schedule 1 drugs, and having actual physical control of a motor vehicle in any public area. This could mean simply sitting in the driver’s seat with your keys in your pocket. Subsection B goes on to state that even if you are legally suing the intoxicating substance, you may still be liable for DUI charges if you are driving a motor vehicle. If you have a Blood-Alcohol Content of 0.15, you are eligible to receive aggravated DUI charges, which have different consequences than those listed below.
Arrested for DUI and have an open container? Read more here about Open Container laws.
Consequences for non-aggravated DUIs
The consequences for DUIs in Oklahoma follow a graduated system. For example, if the offense is your first offense, you are subject to misdemeanor charges. You must undergo an assessment and evaluation and could spend up to a year in jail and/or receive a fine up to $1,000. However, if you receive subsequent charges, they are felonies. Each felony offense requires an assessment and evaluation at your expense, which could cost thousands. Further, fines, penalties, and prison time increases:
– 2nd offenses = $2,500, 240 hrs. community service, ignition breathalyzer, and/or 1-5 years prison time
– 3rd offenses = $5,000, 480 hrs. community service, ignition breathalyzer, and/or 1-10 years prison time
– 4th offense or prior offense involving manslaughter/death = $10,000, and 5-20 years prison time
As you can see, these are strict penalties which are costly on not only a financial basis. Felony convictions may disqualify you from employment, housing, and even be a problem in custody battles you may face.
Let Our Creek County DUI Attorneys Help:
Our Creek County DUI attorneys understand that people make mistakes, and need help when facing a recurring problem. We aim to provide you the best possible defense while taking into account your specific situation. Our first consultation is free, so please call us and let us know what you need so we know how to move forward with your defense. Call or email us or read our Creek County attorneys blog for more information.
