DUI stands for driving under the influence of alcohol or other intoxicating beverages, chemical substances or controlled dangerous substances. As of July 1, 2001, Oklahoma law defines DUI as one offense proved by the impairment of normal faculties by having a blood alcohol or breath alcohol level of .08 or above. Aggravated DUI in Oklahoma involves those with a level of .15 or higher.
Prison with DUI: If you are convicted in city or state court of DUI you could face imprisonment from 10 days to up to one year for misdemeanor offenses. Felony DUI carries a punishment of over one year. Aggravated DUI has very severe penalties including mandatory jail terms, counseling, and community service. .
Blood Alcohol Level: Blood alcohol level is the amount of alcohol measured in a person's bloodstream. The most accurate type is a forensic whole blood analysis. Refusal to submit to chemical breath or blood testing can result in an administrative driver's license revocation. In Oklahoma, currently a blood alcohol level of .10 or more is considered impaired and grounds for a
driving under the influence arrest.
Mouth Alcohol: Is any alcohol in the mouth or esophagus. This can cause breath tests to be abnormally high. Breath machines assume that all breath air is from the lungs. Burping, belching, hiccuping, vomiting or holding one's breath can all bring concentrated alcohol vapors into the mouth and can raise a test result. Also, breath fresheners, mouth wash, dentures, dental caps, dental bridges can all affect the reliability of a breath test result.
Driver's License and DUI: Any person who is alleged to have violated Oklahoma's DUI or APC laws has only 15 days from the date of arrest to ask for an administrative hearing to save their driver's license. Without asking for this hearing in writing within the deadlines, you cannot challenge the
license suspension. Any person with a DUI or APC charge in Oklahoma really has two cases:
1.
a driver's license case throught the Oklahoma Department of Public Safety ("DPS"); this is the administrative case;
2.
a misdemeanor or felony case in city or state court. This is the Related criminal case.
For a first offense revocation for DUI or APC, in Oklahoma, a person might lose their driver's license for up to 180 days if revoked under Oklahoma's implied consent laws.
Fines and Court costs: In Oklahoma, misdemeanor fines cannot exceed $1,000; felony DUI or APC fines may be as high as $5,000. Court costs are calculated by the city or county court clerk and may be as high as $300.00.
Attorney/Lawyer: In choosing an attorney or lawyer to defend your case, be sure to review their qualifications:
1. does the lawyer have experience defending DUI or APC cases?
2. what are the financial terms?
3. is there a written fee agreement?
4. what experts are needed and what are their costs?
5. what are the deadlines involved with my rights?
6. how much time might be required to properly defend my case?
WHY SET AN APPOINTMENT?: To review your case, facts and circumstances at no cost to you. Each case has a unique set of facts and circumstances. An office visit allows us to investigate the reason the officer pulled you over; analyze how you did on the field sobriety tests (FST's); review your DPS and court deadlines; An attorney can explain how the law applies to your uniques situation:
1. identify the the strengths and weaknesses;
2. determine how to attack the unreliability of the State's evidence;
3. whether your case will have to go to court;
4. are you eligible for probation?
5. provide you with an estimate for attorney fees and expenses;
6. provide you with crucial information about your driver's license;
CALL THE HOSTY LAW OFFICE NOW TO SCHEDULE AN APPOINTMENT TO REVIEW YOUR CASE AT NO COST! OFFICE VISITS ARE FREE!
Disclaimer:
This material contained in this website is provided for general information purposes only and does not constitute legal or other professional advice. While every care has been taken in the preparation of the information on this website,readers are advised to seek particular legal advice in relation to any course of action. It is a condition of Hosty Law in allowing free access to this site and the information contained on it that you accept that Hosty Law will not be liable for any action taken upon reliance on the information on this site.
All of the content on this page is copyrighted to Hosty Law.
204 North Robinson, City Place Building, 17th floor, Suite 1717, Oklahoma City, OK 73102 Mailing Address: Thomas W. Hosty, P.C., P.O. Box 20685, Oklahoma City, OK 73156-0685
Phone: (405) 235-4040 * Fax: 405-553-9925
Email: Hostylawoffice@yahoo.com
