DUI and Child Endangerment in Oklahoma
DUI with Child Endangerment
Driving under the influence or with a .08 or higher BAC is illegal in Oklahoma. Most first-time DUI offenses are charged as misdemeanors, but subsequent DUIs or a DUI with related charges may be considered a felony.
No matter how many prior DUIs—if any— are on your record, if a child is in the car when you are stopped for a DUI, you will be charged with Child Endangerment DUI which is a felony.
You do not have to be the child’s parent to be charged. The Oklahoma Child Endangerment statute states that anyone—a parent, guardian or person who has control or custody over the child—can be charged. Nor do you have to actually be driving the vehicle. It is still a violation if you are in actual physical control of the vehicle.
If a parent, guardian, or person who has custody or control of a child knowingly allows that child to be present in a vehicle where he or she should have known the operator of the vehicle was impaired can be charged the same as the actual driver.
There is an affirmative defense. If the person had a reasonable apprehension that any action taken to deny permission for the child to be in the car with the intoxicated driver would result in substantial harm to the person or the child, this can be presented as an affirmative defense.
Penalties
Having a child in the car while drunk driving or allowing a child to be in the car with a drunk drivers carries with it more severe penalties. If you are convicted of a DUI with child endangerment, the punishment range is up to four years and up to a $5000 fine. If the child dies as the result of the DUI, then it is possible to be charged with 2nd Degree Murder. Also, arguably, the statute allow the State to charge you with Child Endangerment DUI along with the original DUI charge at the same time.
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contact the hunsucker legal group today
If you are facing these charges, you need an attorney with experience in defending those accused of DUI charges in Oklahoma. The Hunsucker Legal Group has a proven track record of getting DUI charges dismissed or reduced.
Contact us today to schedule a free, no-obligation review of your case.
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INTERNATIONALLY RECOGNIZED AS A LEADER IN THE FIELD OF DUI DEFENSE John Hunsucker, The Only Board Certified DUI Defense Attorney in Oklahoma City By The National College Of DUI DefenseAs a leading authority in Oklahoma DUI defense, John and the Hunsucker Legal Group have argued successfully to the Oklahoma Appellate Courts several issues relating to drivers license issues that resulted in thousands of clients having their license returned without any license revocation.
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FIGHT FOR YOUR LICENSE Brian Morton, Former Assistant General Counsel for the Oklahoma Department of Public SafetyFocused solely on Driver’s License Defense, he fights tirelessly for the rights of our clients, using his unique perspective and expertise to secure the best possible outcomes. His in-depth knowledge of DUI law, including implied consent and prosecutorial tactics, makes him an invaluable asset to your case.
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