
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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Understanding Your Legal Rights in DUI Cases
Navigating the legal complexities of a DUI charge, especially one involving child endangerment, can be overwhelming. At Hunsucker Legal Group, we prioritize empowering our clients with the knowledge they need to make informed decisions during this challenging time. It’s essential to understand your rights and the legal processes ahead.
Here are some critical points to keep in mind:
- Right to Counsel: You have the right to an attorney from the moment you are charged. Having legal representation can significantly impact the outcome of your case.
- Engaging in Plea Bargaining: In many cases, skilled attorneys can negotiate plea deals that may reduce penalties or avoid severe consequences altogether.
- Impact on Personal Life: DUI charges, particularly with child endangerment, can affect not just your legal status but also have lasting effects on your personal relationships and employment opportunities.
- Understanding the Law: Different states have varying laws and penalties. Our experienced team can clarify Oklahoma’s specific laws related to DUI and child endangerment.
- Potential for Case Dismissal: An attorney can identify weaknesses in the prosecution's case that may lead to a dismissal of charges altogether.
Our dedicated team at Hunsucker Legal Group is committed to guiding you through every step of the legal process, ensuring you understand your rights, options, and the potential outcomes of your case. Contact us today for a confidential consultation and take the first step towards protecting your future.
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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John is a nationally recognized DUI defense attorney and one of only 50 lawyers nationwide to earn Board Certification* in DUI Defense from the National College for DUI Defense. A former prosecutor, he uses his insider knowledge to build strategic, effective defenses. John and the team at Hunsucker Legal provide strategic, results-focused DUI defense throughout Oklahoma and beyond.
*The NCDD is the only organization accredited by the American Bar Association (ABA) to provide certification in the specialty field of DUI Defense Law.
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Focused 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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The Hunsucker Legal Group is a good choice for anyone that is needing assistance with their case. They have fantastic communication skills and handled any questions or concerns with care and respect.
- Sergio F.
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These people are amazing. They communicate with you and keep you informed on the entire process. I can't recommend them enough. True professionals, if you find yourself in my situation, Hunsucker is definitely the way to go. Brian and Doug explained everything up front and helped me through the entire process.

