Oklahoma DWI Attorneys

Driving While Impaired Defense Lawyers in Oklahoma

Many people use the terms DUI and DWI interchangeably when talking about drunk driving. However, in Oklahoma, these are two separate and distinct criminal charges. A DUI is based on a BAC of .08 or more while those that are below the .08  threshold can be charged with Driving While Impaired (DWI), A DWI in Oklahoma is not the same as a DWI in Texas. The Texas DWI is Driving While Intoxicated and is the equivalent of an Oklahoma DUI charge.

To be charged with a DWI, you must have a BAC of .06 or .07. This can be confusing even to police officers, prosecutors and other attorneys (some of which claim to be DUI attorneys). A careful reading of the statutes tells us that if the BAC in in excess of .05 but less than .08, it is relevant evidence of impairment. The statute requires an excess of .05 which is a .06. Additionally, a person can not be convicted of a DWI based solely on the breath or blood alcohol score. The statute requires that a the driver had violated a state law or city ordinance or that the person was so impaired that their ability to drive was affected by alcohol that the public health and safety was threatened.

If the charge is filed in municipal court, it will carry a fine and possible jail time. In a state district court, DWI will generally carry a stiffer fine of up to $500 and/or up to six months in jail. 

In Oklahoma, a DWI is a lesser charge and is always a misdemeanor. Additionally, a DWI in Oklahoma doesn’t carry any automatic license suspension unless you take a DWI conviction. If you are convicted of DWI, the first conviction carries a license suspension of thirty days which does not provide for any modified privileges. If you receive a second DWI conviction, your license will be suspended for six months but it may be modified to allow Class D privileges. A third DWO conviction carries a one year suspension that can also be modified for Class D privileges.

Our team at Hunsucker Legal Group can provide effective defense representation when you are charged with any DUI-related offense, including DWI. Our skilled attorneys can thoroughly review the evidence against you, including police reports, breathalyzer results, and field sobriety test procedures, to identify any weaknesses in the prosecution’s case. We can challenge any improper police conduct or procedural errors that may have occurred during your arrest. With decades of experience and a track record of success, we are prepared to seek the best possible result in your case. 

These charges are serious, so don’t wait to get legal advice if you have been arrested. Schedule a free, no-risk consultation with our Oklahoma DWI lawyers now by calling (405) 544-2992 or contacting us online.

Discuss your defense options with our Oklahoma DWI lawyers

Schedule your free case evaluation by calling (405) 544-2992 or contacting us online.