DUI Charges in Oklahoma

Defending Against DUI Charges Since 1997

Facing DUI charges can be terrifying and confusing, but you don’t have to fight them alone. When your life and liberty are on the line, don’t settle for less than a robust defense from Hunsucker Legal Group. Our DUI defense attorneys have decades of experience and winning results in all types of DUI cases.   

Whether you’re facing enhanced penalties for an aggravated DUI or defending against felony DUI charges after prior convictions, we have a deep understanding of DUI laws to aggressively defend your rights in Oklahoma. Our founding attorney wrote the book on DUI and has a success rate of over 90%, making us well-equipped to protect your hard-earned reputation. 

What Are DUI Charges?

Driving under the influence (DUI) is committed when a driver operates a motor vehicle while impaired by drugs or alcohol. Drivers can be arrested for a DUI when they operate with a blood alcohol concentration (BAC) of 0.08% or higher. The penalties for a DUI conviction depend on the type and severity of the offense, making it crucial to consult a trusted DUI defense attorney as soon as possible after a DUI arrest. 

At Hunsucker Legal Group, our attorneys have focused on defending against DUI charges since 1997. We also have proven experience and results defending against charges for actual physical control (APC), driving while intoxicated (DWI), and boating under the influence (BUI). No matter your legal circumstances, our firm can work diligently to reduce or dismiss the DUI charges you’re facing. 

Facing DUI charges can be intimidating, but you’re not alone. Contact us online to request a no-cost case evaluation with our skilled DUI defense attorneys.

Misdemeanor DUI vs. Felony DUI

Depending on the circumstances, a DUI offense can be charged as a misdemeanor or a felony. A DUI may carry felony charges if the defendant has prior convictions, causes great bodily harm or manslaughter, or commits a DUI with a child passenger in the vehicle (DUI with child endangerment).

What Are the Penalties for DUI Charges? 

The penalties for DUI charges can vary greatly depending on prior offenses and other unique factors. In addition to fines and lengthy prison sentences, some potential consequences include driver’s license suspension, mandatory ignition interlock device (IID) installation, community service, alcohol monitoring, and counseling or education programs. In severe cases, felony DUI charges can impact child custody and immigration status, making it crucial to hire a reputable DUI defense attorney. 

Common DUI Charges We Handle

1^st DUI

A first-time DUI is typically a misdemeanor under 47 O.S. § 11-902. Potential penalties include at least ten days to one year in jail and a maximum fine of $1,000. 

2^nd DUI

A second DUI offense can be charged as a misdemeanor or a felony, depending on prior convictions. If the defendant commits another DUI within ten years of the first conviction (known as the ten-year lookback period), they can face felony DUI charges punishable by at least one year in jail or up to five years in prison and a maximum fine of $2,500. 

3^rd DUI

A third DUI is typically a felony offense that carries at least one year to ten years in prison and a maximum fine of $5,000. 

4^th DUI

A fourth DUI can result in felony charges punishable by harsh penalties. A conviction carries up to 20 years in prison and $10,000 or more in fines. 

Underage DUI

Oklahoma has a strict zero-tolerance policy for underage drinking and driving under the Drunk Driving Prevention Act, meaning that drivers under the age of 21 can face underage DUI charges if they operate a vehicle with any detectable amount of alcohol in their system. A first underage DUI offense is generally a misdemeanor punishable by mandatory IID installation, license revocation, up to ten days in jail, and/or a $1,000 fine if the driver refuses to take a chemical test. 

DUI with CDL

Committing a DUI with a commercial driver’s license (CDL) is a very serious offense. Unlike the standard 0.08% BAC threshold for other DUI offenses, the legal limit for DUI with CDL is 0.04%. A conviction is subject to strict penalties under 47 O.S. § 6-205.2, including fines, possible jail time, and the disqualification of CDL privileges for one year or more, even if the offense occurs in a personal vehicle.

Out-of-State DUI

Even out-of-state DUI charges can lead to harsh penalties. Under the Driver’s License Compact, DUI charges obtained in other jurisdictions are considered part of your driving record. This allows the state to impose its own penalties for out-of-state convictions. Securing an experienced defense is critical to navigating these legal intricacies wisely and pursuing a fair outcome.

What Constitutes Aggravated DUI Charges in Oklahoma? 

An aggravated DUI is committed when a driver operates a vehicle with a BAC of 0.15% or higher. While an aggravated DUI doesn’t automatically constitute felony DUI charges, defendants may incur enhanced penalties as a result. Our lawyers have an in-depth knowledge of these legal nuances to help you pursue the best possible outcome in your case.

What Are Common Signs of Intoxication Leading to DUI Charges?

Law enforcement officials may consider various factors to determine potential impairment on state roads. Some common signs leading to DUI charges include: 

• Erratic driving. Some examples include crossing or weaving between lanes, drifting, driving too slow or too fast, making abrupt stops or turns, ignoring stop signs, failing to yield, or running red lights.
• Physical signs. Some common signs include watery or bloodshot eyes, a strong smell of alcohol coming from the driver or vehicle, and dirty or untidy clothing.
• Behavioral signs. Potential indications include slurred speech, stumbling or swaying, general confusion or disorientation, and difficulty following commands or instructions (such as struggling to locate license or registration). 

Can Speeding Constitute Probable Cause for a DUI Stop?

While speeding may be a valid reason for a traffic stop, it does not constitute probable cause for a DUI stop. If law enforcement attempts to cite speeding as the primary cause for your DUI stop, our attorneys can fight to get the charges dismissed. 

Do I Have to Consent to a Chemical Test During a DUI Stop? 

Under Oklahoma’s informed consent law, drivers automatically consent to chemical testing when they choose to operate a vehicle in the state. Refusing a BAC or breath test is illegal and can result in automatic driver’s license revocation. However, chemical tests must be administered no later than two hours following the arrest under 47 O.S. § 11-902(A)(1). If a blood or breath test is conducted outside of this time limit or administered without reasonable suspicion, this may be grounds for dismissed DUI charges. 

Choose a Defense Firm That Wrote the Book on DUI

If you were arrested for a DUI in Oklahoma, put decades of experience on your side with Hunsucker Legal Group. Our board-certified criminal law specialist wrote the book on DUI and has forged a successful track record of results since 1997, giving you peace of mind that your future is in trusted hands. Whether you made an honest mistake or simply weren’t thinking, our attorneys are well-versed in state and federal law to protect your freedom and pursue the favorable result you deserve. 

If you were arrested for a DUI, our lawyers can fight tirelessly to restore your liberty. Call (405) 544-2992 to schedule a free consultation.