DUI Charges in Oklahoma

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. 

Understanding Your Legal Rights: A Comprehensive Guide

At Hunsucker Legal Group, we believe that understanding your legal rights is the first step toward empowerment. Whether you're facing a personal injury case, family law dispute, or criminal charges, being informed can significantly impact the outcome of your situation. Our team in Oklahoma City is dedicated to providing you with the resources you need to make educated decisions about your case.

Here are some essential legal rights every individual should be aware of:

• The Right to Representation: Every individual has the right to legal representation and advice. Our experienced attorneys are here to advocate on your behalf.
• The Right to a Fair Trial: In criminal cases, you are entitled to a fair trial and to challenge the evidence presented against you.
• The Right to Confidentiality: Communications with your attorney are confidential. This privilege is crucial for building a strong defense.
• The Right to Equal Protection Under the Law: No one should face discrimination in legal proceedings. Our firm is committed to fighting for your rights.
• The Right to File a Complaint: If you believe your rights have been violated, you have the right to file a complaint with the appropriate authorities.

Take the Next Step: Understanding your legal rights can empower you to navigate your situation with confidence. Contact Hunsucker Legal Group today to schedule a free consultation, where our knowledgeable attorneys will help you understand your situation more clearly and discuss the best strategies for your case.

The Importance of Legal Representation in Personal Injury Cases

When faced with a personal injury, navigating the legal landscape can be daunting. Having an experienced attorney from Hunsucker Legal Group on your side can make all the difference in your case’s outcome. Our knowledgeable legal team is dedicated to safeguarding your rights and ensuring you receive the compensation you deserve.

Here are some key reasons why legal representation is crucial in personal injury cases:

• Expertise in Navigating the Legal System: Personal injury laws can be complex and vary by state. Our attorneys are well-versed in Oklahoma's legal regulations and can guide you through each step of the process.
• Maximizing Compensation: We know how to evaluate the true value of your claim, taking into account medical expenses, lost wages, and emotional distress. Our goal is to secure the maximum compensation for your injuries.
• Negotiating with Insurance Companies: Insurance companies often aim to minimize payouts. Our firm has the skills to negotiate effectively on your behalf, ensuring that you are not shortchanged.
• Preparing for Trial: If your case goes to trial, you’ll need a formidable advocate. Our lawyers are experienced litigators who will prepare thoroughly and represent your interests forcefully in court.
• Providing Peace of Mind: Dealing with a personal injury can be stressful. With us handling your case, you can focus on your recovery while we manage all legal aspects.

At Hunsucker Legal Group, we are committed to fighting for justice on your behalf. If you or a loved one has been injured due to someone else's negligence, contact us today for a complimentary consultation and let us help you take the first steps towards reclaiming your life.

Why Choose Hunsucker Legal Group for Your Legal Needs?

When facing legal challenges, having a trusted legal partner by your side makes all the difference. At Hunsucker Legal Group, our dedicated team understands the complexities of the law and is committed to providing you with personalized service tailored to your unique situation. Here are a few reasons why clients in Oklahoma City choose us:

• Experienced Attorneys: Our lawyers bring a wealth of experience in various legal fields, ensuring you receive knowledgeable representation.
• Client-Centric Approach: We prioritize your needs and concerns, guiding you through the legal process with transparency and support.
• Proven Track Record: Our firm has successfully handled numerous cases, demonstrating our ability to achieve favorable outcomes for our clients.
• Comprehensive Legal Services: Whether you need assistance with personal injury, family law, criminal defense, or business law, we offer a wide range of services under one roof.
• Community Involvement: As a part of the Oklahoma City community, we are dedicated to giving back and supporting local initiatives, which reflects our commitment to you and your neighbors.

Choosing the right legal representation is crucial for your case. Allow us to demonstrate our commitment to your success and provide compassionate support every step of the way. Contact Hunsucker Legal Group today to schedule a consultation and discover how we can help you navigate your legal journey.

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.