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Don’t Let a DUI Charge Ruin Your Life

Have you just been arrested for drunk driving? Don’t give up hope yet. In Oklahoma, driving under the influence generally means operating a vehicle with a blood alcohol content of 0.08 or more, and the law also applies to actual physical control of a vehicle. Many people do not realize how many options are available to DUI offenders, and penalties vary by state, jurisdiction, and prior record, including a first offense, a second offense, and felony-level cases. Our Oklahoma City DUI attorneys are here to explain the potential consequences you could be facing after a drunk driving arrest and defenses that may be available to you.

POTENTIAL CONSEQUENCES OF A DUI

A Criminal Record. Although a DUI is a traffic offense like speeding or reckless driving, it is also a criminal offense. If you are arrested for drunk driving and your charges are not dropped/reduced, then you will be convicted of DUI. A first offense is usually a misdemeanor, but many repeat DUI offenses result in harsher penalties such as felony charges, and felony charges can arise from DUI accidents resulting in serious injury or death; a second offense can become a felony within ten years. This will mean either a misdemeanor or felony offense on your criminal record. An aggravated DUI involves a BAC of 0.15 or higher.

Higher Insurance Rates. While this is not always the case, many people who are arrested for DUI face higher insurance rates if they are convicted. This is because an insurance company will see you as a liability, and increased insurance premiums can last for years. In some cases, insurance companies might even drop a DUI offender’s policy and they will have to find coverage elsewhere. A DUI can also affect job opportunities, travel to certain countries, and personal relationships or social standing.

Suspended Driver’s License. One of the more inconvenient aspects of a drunk driving offense is the fact that you could lose your right to drive. Your driving privilege is dealt with by the Oklahoma Department of Public Safety (DPS) rather than the criminal court. In this separate administrative proceeding, the revocation becomes effective 30 days after notice, and the person charged must request an administrative hearing within 15 days; the hearing may be conducted by telephone or in person. This process often follows a breath or blood test issue, refusal, or other chemical test evidence under Oklahoma implied consent laws. If timely requested, you may usually keep driving while the hearing is pending, but license suspension can range from 90 days to several years, and a first offense may bring a six-month suspension of your driver’s license.

Fines and Jail Time. If you are convicted of the criminal offense of drunk driving, you will face fines and possible jail time. A first offense DUI can bring up to one year in county jail and fines up to $1,000, while repeat DUI offense cases can bring much higher penalties and fines that may exceed $10,000. Penalties vary depending on the nature of the offense.

Probation. After a DUI conviction, an offender will have to comply with the conditions of probation. The judge sets these conditions in accordance to the Oklahoma criminal statutes. This could include community service, alcohol education programs, ignition interlock devices, and more, and an interlock may be required before a driver can legally operate a vehicle again.

DUI DEFENSES

Even though there is the possibility of severe consequences, a DUI charge does not mean that you are guilty. You still have time to secure defense that could be effective in getting your charges dropped or reduced. Oklahoma law requires drivers to submit to testing, but the evidence and procedures can still be challenged. Listed below are some of the most common defenses.

Chemical tests were inaccurate (ex: improper calibration, driver was not instructed to “keep blowing,” etc.)

Officer did not have probable cause to pull the defendant over.

Driver did have alcohol in his/her system, but not enough to constitute a DUI; for drivers under 21, any measurable quantity can still trigger zero-tolerance consequences.

Illegal/improper DUI checkpoint.

DUI PLEA BARGAINS

In some cases, DUI attorneys may not be able to get their client’s charges dismissed completely. However, they may be able to agree to a plea bargain (plea deal) to get the charges reduced or the sentence lessened. One of the most common DUI plea bargains is reckless driving.

Were you arrested for drunk driving? Don’t let a DUI ruin your life. The total costs can reach many thousands of dollars, which is one reason early defense matters. With great defense, you have a shot at beating your charges or securing a reduced charge.

Contact AMA Law and how we could help you by calling an Oklahoma City DUI lawyer at our firm today – (405) 607-8757.