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"I've been practicing law for over 35 years. This gives me the ability to make decisions based on experience and sound reasoning being seasoned in trial combat." 

Oklahoma Drunk Driving Charges 

One of the most widely-scrutinized issues in the law today is that of driving under the influence, or DUI. More and more people are arrested for DUI in Oklahoma and around the United States every year, and this trend can be traced to several factors, including increased enforcement, lowered alcohol limits and a general rise in awareness of this issue.

If you or someone you love is facing these charges, you are entitled to a strong and zealous DUI defense in Oklahoma. The first step you should take if you face this situation is to contact Privett Law to schedule an initial consultation. You have rights that need to be protected and asserted.

DUI Laws and Defense Attorneys in Oklahoma

There are four different statutes in Oklahoma that deal with the issue of driving under the influence, and the differences between each are significant. As you build your DUI defense, you’ll need an Oklahoma DUI defense attorney who possesses the knowledge of these laws necessary to effectuate a strong case on your behalf. Below is a brief look at each of these statutes.

Driving Under the Influence of Alcohol in Oklahoma

It is considered to be unlawful to operate a vehicle in Oklahoma if a person:

  1. Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more at the time of a test of such person’s blood or breath administered within two (2) hours after the arrest of such person;
  2. Is under the influence of alcohol;
  3. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or
  4. Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle.

A person can be convicted of either a misdemeanor DUI or a felony DUI, depending on the circumstances, including the number of prior convictions.

Driving While Impaired (DWI) in Oklahoma

A DWI is a misdemeanor in Oklahoma, and a DWI charge is usually applicable when the driver is found to have a BAC lower than the legal limit but higher than .05, but nevertheless is still found to be incapable of properly operating a vehicle to the point that he or she is creating a public danger.

Driving While Under the Influence of Intoxicating Liquor

This offense can be classified as either a felony or a misdemeanor, again depending on the number of prior offenses and the circumstances surrounding the situation. Generally, this statute applies if a person has been convicted three times or more in the past, and the defendant must undergo an assessment and follow all recommendations of this assessment.

Actual Physical Control of a Motor Vehicle While Intoxicated

This is a tie-in statute that basically allows the police more leeway in terms of enforcing DUI laws. Basically, a defendant does not need to actually be driving down a road while intoxicated to face DUI charges. As long as he or she is in ‘actual physical control’ of the vehicle, he or she can be charged. An example of such is when a defendant is found to be parked in a public lot immediately after driving.

Other DUI Defense Considerations in Oklahoma

Aside from the relevant statutes, someone charged with DUI in Oklahoma faces other sanctions and problems. For instance, anyone charged with DUI not only faces sanctions from the court system, but he or she also faces an administrative hearing with the Oklahoma DMV that concerns the defendant’s right to drive.

A defendant must request a DMV hearing within a matter of days after a DUI arrest, and failure to request such a hearing will result in an automatic suspension of driving privileges. Therefore, you need to act now in order to effectively fight for your rights by contacting Privett Law as soon as possible.

Build a Strong DUI Defense - Contact Privett Law

Being charged with DUI in Oklahoma can be a harrowing experience, and you’ll not only face criminal charges, fines and even jail time in certain situations, but you could also lose your right to drive and face substantially higher insurance costs if and when you are once again allowed to legally drive in Oklahoma.

If you are facing this situation, you need to act fast to build the strongest DUI defense possible. Contact Privett Law immediately to schedule an initial consultation.