Experienced Oklahoma City Attorney Aggressively Defends DUI Charges
Determined counsel works to protect your driver license
If you are arrested for drunk driving, you face two processes: a criminal hearing and a license hearing before the Department of Public Safety. These are not situations you want to face alone. A driving under the influence, or DUI, charge puts you in jeopardy of losing your freedom, your driving privileges, and significant cash in fines and penalties. But Amanda R. Everett, P.C. can help. Ms. Everett fights DUI charges aggressively by challenging the basis for your traffic stop, the probable cause for your arrest, and the chemical evidence the police claim to hold against you. When the facts are not in your favor, she can often press for leniency based on mitigating factors to get your license restored as quickly as possible.
Penalties for drunk driving in Oklahoma
You can be found guilty of DUI if your blood alcohol concentration, or BAC, measures 0.08 percent or higher. The legal limit for drivers under the age of 21 is 0.02 percent, and it is 0.04 percent for commercial vehicle drivers. However, a driver can be convicted with a lower BAC if there is evidence that the lower level of alcohol caused impaired driving.
The penalties you face for a DUI conviction depend on several factors, including whether you have a prior conviction for DUI. Oklahoma criminal law has a 10-year look-back period for prior DUI offenses.
- 1st Offense — Five days to one year in jail, up to $1,000 in fines and penalties, 30-day license suspension
- 2nd Offense — One to five years in jail, up to $2,500 in fines and penalties, six months’ license suspension, plus ignition interlock device required
- 3rd Offense — One to 10 years in jail, up to $5,000 in fines and penalties, one-year license suspension, plus ignition interlock device required
You must also participate in a drug and alcohol evaluation and assessment program.
Authorities can choose to bring enhanced charges against you for any of the following factors:
- DUI with BAC of 0.15 percent or higher
- DUI while carrying a passenger under the age of 18
- DUI causing great bodily injury to another
A conviction of enhanced charges results in more severe penalties.
Understanding Oklahoma’s implied consent law
Oklahoma’s implied consent law requires you to submit to roadside Breathalyzer testing if a police officer has reasonable grounds to suspect you might be intoxicated. If you refuse the test, you face an administrative suspension of your license for at least six months. If you consent to the test and fail, the officer will arrest you. You will be taken to the police station, where you will be required to submit to another chemical test. The difference between the two tests is that the results from the roadside test are not admissible in court, but the results from the station test are.
However, there is no penalty for refusing to answer an officer’s questions about whether you have been drinking. You may also refuse to perform a field sobriety test without penalty. Always be polite to the officer and provide your identification — and then call an experienced criminal defense attorney with our firm to fight for your rights.
Contact a respected criminal defense lawyer in Oklahoma City for your DUI charges
For aggressive defense to DUI charges, trust Amanda R. Everett, P.C. Call 405-698-3307 or contact her firm online to schedule a free initial consultation. The firm serves residents in Oklahoma, Canadian, Cleveland, McClain, and Pottawatomie counties; in Norman, Moore, and Oklahoma City; and throughout the state of Oklahoma.