DUI FAQs
Do I need an attorney for a first DUI offense?
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- Yes, it is imperative that you hire an attorney to represent you, so you know your rights under the law. There will be fines and penalties assessed by a judge for your particular legal matter which is why it is so important to have an attorney that can represent you.
What is the statute of limitations in Oklahoma for a DUI?
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- By and large, the statute of limitations is 3 years in Oklahoma. However, there are some exceptions to the rule. A good example would be if the DUI resulted in a fatality which would nullify the statute of limitations.
Can I get out of a DUI in Oklahoma?
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- It depends on all of the factors involved in the case; we recommend speaking to professionals to receive tailored advice.
How long will my DUI case take?
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- How long your DUI case will take is contingent upon a number of factors like the complexity of the case, number of witnesses involved, court schedule, etc. Every case is unique, so the length of time can vary widely depending on the circumstances.
How long does a DUI stay on your record?
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- It depends on the complexity of the case, past criminal record, and other factors. Potentially, a DUI could stay on your criminal record for up to 10 years from the date of your conviction.
Will I lose my license after a DUI arrest?
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- You have 30 days to contact the Department of Public Safety to request an administrative hearing. If you do not request the hearing in 30 days, your driver’s license can be revoked for no less than 180 days.
Experience Makes The Difference
Penalties for DUI convictions:
- First-time DUI conviction is up to 1 year in jail and/or a fine of up to $1,000
- Second-time DUI conviction is punishable by 1-5 years in prison with a fine of up to $2,500
- Third-time DUI conviction is punishable by 1-10 years in prison with a fine of up to $5,000
What to Expect
DUI's are a very serious offense in the State of Oklahoma. You will most likely be subject to multiple fines, penalties, equipment acquisition, classroom education, community service, and an ignition interlock device. An ignition interlock device is required to be installed in your vehicle after your first DUI. There is a network of service centers approved by the state where you are able to lease, install, and verify your device with the state.
"Oklahoma laws require that any driver convicted of driving under the influence (DUI) or in actual physical control of a motor vehicle, aggravated DUI, with a blood alcohol content of 0.15 or higher, must install an ignition interlock device on every vehicle they own or which is registered to them. As a result of conviction, an interlock will be required for 18 months for first-time offenders; second-time offenders will be required to use an interlock for four years if their BAC exceeds .08. Any additional DUI convictions will result in the use of an interlock for five years."
- Oklahoma State Bureau of Investigation
In Oklahoma, a DUI (Driving Under the Influence) charge is typically classified as either a misdemeanor or a felony offense, depending on the specific circumstances of the case. A misdemeanor DUI charge is the less severe of the two, and generally applies in cases where no one was injured or killed, and where the driver's blood alcohol content (BAC) was below a certain threshold.
The process for a misdemeanor DUI charge in Oklahoma typically follows the following steps:
- Arrest: If a law enforcement officer has reason to believe that a driver is under the influence of drugs or alcohol, they may pull the driver over and conduct a field sobriety test. If the driver fails the test, they will likely be arrested and taken to a police station for further testing.
- Chemical Testing: Once at the police station, the driver will be given a breathalyzer test or a blood test to determine their BAC. If their BAC is found to be over the legal limit of .08%, they will be charged with DUI.
- Initial Appearance: After the arrest, the driver will be taken before a judge for an initial appearance. At this hearing, the judge will inform the driver of the charges against them, and the driver will have the opportunity to enter a plea of guilty or not guilty.
- Pre-Trial Conference: If the driver pleads not guilty, a pre-trial conference will be scheduled. This is a meeting between the prosecutor and the defense attorney to discuss the case and possibly negotiate a plea bargain.
- Trial: If a plea bargain cannot be reached, the case will go to trial. At trial, the prosecutor must prove beyond a reasonable doubt that the driver was driving under the influence. The defendant has the right to be represented by an attorney and to present evidence and witnesses in their defense.
- Sentencing: If the driver is found guilty, they will be sentenced by the judge. The sentencing can include fines, community service, probation, and possibly even a short jail sentence.
In a DUI case, experience makes all of the difference. Ball Morse Lowe has been fighting on behalf of DUI victims for many years, and our Stillwater DUI lawyers have the knowledge, skill and experience needed to bring you justice. For a free initial consultation with a Stillwater criminal lawyer at Ball Morse Lowe, PLLC, call 405-701-5355.
Serving clients throughout Oklahoma, including Stillwater, Oklahoma City, Norman, and Edmond.
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