Norman, Oklahoma DUI Attorney

Norman, Oklahoma, has a vibrant social scene, fueled in part by its status as a college town with the University of Oklahoma at its heart. The city is home to numerous bars, breweries, and other social venues, and events like college football games and local festivals draw large crowds, making alcohol a common part of many gatherings.

However, the city also takes impaired driving seriously and enforces strict DUI laws to counter potential risks. Norman law enforcement regularly conducts DUI checkpoints and maintains active patrols to deter and address impaired driving. Both residents and visitors should be aware of Oklahoma’s DUI regulations, which impose penalties for BAC levels above 0.08%, more severe consequences for aggravated DUI (BAC of 0.15% or higher), and additional charges for underage drivers. For those under 21, Oklahoma has a zero-tolerance policy, making it illegal to drive with any detectable level of alcohol (BAC above 0.00%).

In Oklahoma, DUI (Driving Under the Influence) is defined as operating or having actual physical control of a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of alcohol, drugs, or any other intoxicating substance.

You Only Have 30 Days to Save Your Right to Drive

ou have 30 days to respond to these charges by contesting or appealing your driver’s license revocation. The Hunsucker Legal Group has a strong track record in successfully challenging DUI-related license revocations in Oklahoma. If you want to fight a revocation and keep your driving privileges while your DUI case is pending, we’ll handle the process by filing a petition in district court and setting up a hearing. In most cases, you won’t need to attend the hearing—your attorney can represent you unless your testimony is absolutely necessary.

If You Take No Action to Protect Your Driving Privileges

If no action is taken within this period, your driving privileges will be automatically revoked, and you will be legally required to enroll in the Impaired Driver Accountability Program (IDAP). The Impaired Driver Accountability Program (IDAP) requires people to install a device in their car that checks for alcohol before they can drive. For a first DUI/APC, it’s needed for 180 days, and for a second or third offense within 10 years, it’s required for one or two years.

Municipal Vs District Court

In Norman, Oklahoma, DUI cases are assigned to either a municipal or district court based on the offense's severity. Less serious cases go to municipal court, while more serious cases or those with prior DUIs are handled by district courts; the decision can depend on factors like the arresting officer's choice, BAC level, and arrest details.

Court Appearances

A DUI case in Oklahoma typically begins with an arraignment, the first court appearance where you are formally notified of the charges and enter a plea. Next is the pre-trial conference, a meeting between the defense and prosecution to discuss the case, potential plea agreements, and any pre-trial motions. Motion hearings may follow, where legal issues, such as challenges to evidence, are addressed before trial. If the case proceeds to trial, evidence is presented, and a judge or jury determines guilt or innocence.

Pleading Not Guilty

In Oklahoma, there’s a big difference between pleading not guilty and pleading guilty to a DUI. If you’re convicted, there are serious penalties to face, as detailed below. At the Hunsucker Legal Group, we don’t plead our clients guilty—we do everything possible to challenge the charges and avoid the harsh consequences of a DUI conviction.

Below Is an Overview of the Different Types of Impaired Driving Charges in Oklahoma and Their Associated Consequences

1. Driving Under the Influence (DUI)

• Definition: A DUI is charged when a driver’s blood alcohol content (BAC) is at or above 0.08% or when they’re impaired by drugs, including prescription medications.
• Examples:
• Example 1: Sarah leaves a party after drinking several glasses of wine. She feels fine to drive but is pulled over for swerving slightly in her lane. The officer conducts a field sobriety test and a breathalyzer, revealing a BAC of 0.09%. Sarah is charged with DUI since her BAC is above the legal limit.
• Example 2: Tom has a valid prescription for pain medication. He takes his medication before heading out but doesn’t realize that it makes him drowsy and impairs his reflexes. While driving, he struggles to keep his eyes open and drifts into the shoulder lane. An officer pulls him over, and after noting Tom’s drowsiness and his medication, charges him with DUI due to impairment by a substance.
• Penalties:
• First Offense: Up to 1 year in jail, fines up to $1,000, license revocation for 180 days, and court costs. Community service, probation, and Victim Impact Panel attendance may also be required, depending on the circumstances.
• Second Offense: 1 to 5 years in jail, fines up to $2,500, license revocation for 1 year, and court costs. Additional requirements like community service, probation, and Victim Impact Panel attendance may apply based on case specifics.
• Third and Subsequent Offenses: 1 to 10 years in jail, fines up to $5,000, extended license revocation, and court costs. The court may also require community service, probation, and Victim Impact Panel attendance.
• Permanent Criminal Record: Yes, a DUI conviction creates a permanent criminal record.
• Expungement: A first-time DUI conviction may be eligible for expungement in Oklahoma under specific conditions, such as completion of probation, no further offenses, and meeting other eligibility criteria. Repeat offenses are more difficult to expunge.

2. Aggravated DUI

• Definition: An aggravated DUI is charged when a driver’s BAC is 0.15% or higher, considered more dangerous due to the heightened level of impairment.
• Examples:
• Example 1: Mike spends an evening out with friends and consumes several shots. When he decides to drive home, he feels buzzed but doesn’t consider how much alcohol he consumed. He’s pulled over after running a red light, and his BAC test shows 0.17%. Due to his high BAC, Mike is charged with aggravated DUI, facing stricter penalties than a standard DUI.
• Example 2: Lisa attends a celebration and has multiple strong drinks over a short period. She gets into her car, intending to drive home, but gets into a minor accident in the parking lot. When the police arrive and test her BAC, it’s 0.16%, well over the aggravated DUI threshold. Lisa faces aggravated DUI charges and the associated enhanced penalties.
• Penalties:
• First Offense: Up to 1 year in jail, fines up to $2,500, license revocation for 1 year, and court costs. Additional penalties, such as community service, probation, IID installation, and Victim Impact Panel attendance, may apply depending on case details.
• Repeat Offenses: 1 to 7 years in jail, fines up to $5,000, extended license revocation, and court costs. The court may also require community service, probation, IID installation, and Victim Impact Panel attendance, based on the specific circumstances.
• Permanent Criminal Record: Yes, an aggravated DUI conviction will result in a permanent criminal record.
• Expungement: Expungement is possible but more difficult than standard DUI charges. Some aggravated DUI convictions may qualify if eligibility requirements are met, such as completing probation and having no subsequent offenses.

3. Driving While Impaired (DWI)

• Definition: A DWI is charged when a driver’s BAC is between 0.05% and 0.08%. Though lower than the DUI threshold, this BAC level can still impair driving.
• Examples:
• Example 1: Jake has a couple of beers at a happy hour and feels okay to drive. While he’s driving, an officer notices him hesitating at traffic lights and swerving slightly. After pulling him over, a BAC test shows 0.06%. Since he’s under the legal limit for DUI but still impaired, Jake is charged with DWI, facing lesser penalties.
• Example 2: Emily drinks a glass of wine at dinner and heads home. While driving, she speeds slightly and is pulled over by an officer. Her BAC comes in at 0.07%, below the DUI level but still considered impairing. Emily received a DWI charge for driving while impaired.
• Penalties:
• First Offense: Up to 6 months in jail, fines up to $500, license suspension, and court costs. Community service and probation may also be required depending on the case.
• Repeat Offenses: Increased jail time up to 1 year, higher fines up to $1,000, longer license suspension, and court costs. The court may also mandate community service, probation, and Victim Impact Panel attendance depending on circumstances.
• Permanent Criminal Record: Yes, a DWI conviction results in a permanent criminal record.
• Expungement: DWI charges may be eligible for expungement under certain conditions, such as completing probation without further offenses and meeting additional eligibility requirements.

4. DUI for Underage Drivers (Under 21)

• Definition: Oklahoma has a zero-tolerance policy for drivers under 21, meaning any detectable BAC over 0.00% can result in a DUI charge.
• Examples:
• Example 1: 19-year-old Alex has a beer at a friend’s house and drives home shortly afterward. He’s pulled over for a broken taillight, and the officer smells alcohol. Although Alex’s BAC is only 0.02%, he’s charged with an underage DUI because he’s under 21 and has alcohol in his system.
• Example 2: Katie, a 20-year-old, drinks a cocktail at a party and later drives to a nearby store. She’s pulled over for speeding, and her BAC is tested at 0.04%. Although this level wouldn’t warrant a DUI for someone over 21, Katie is charged with DUI due to Oklahoma’s zero-tolerance policy for minors.
• Penalties:
• First Offense: Up to 10 days in jail, fines up to $200, immediate license suspension, and court costs. Community service and Victim Impact Panel attendance may be required, depending on the case.
• Repeat Offenses: Increased jail time up to 6 months, higher fines, extended license suspension, and court costs. Additional requirements, such as community service, probation, and Victim Impact Panel attendance, may be imposed based on circumstances.
• Permanent Criminal Record: Yes, underage DUI convictions result in a permanent criminal record.
• Expungement: Underage DUI convictions may be eligible for expungement after a waiting period if all conditions are met, such as completing probation without additional offenses.

5. Driving Under the Influence of Drugs (DUI-D)

• Definition: DUI-D applies when a driver is impaired by drugs rather than alcohol, including illegal drugs, prescription medications, and over-the-counter medications that impair the ability to drive safely.
• Examples:
• Example 1: John takes prescription pain medication that affects his motor skills and reaction time. He decides to drive but is pulled over for erratic driving. The officer notices his impaired state and charges him with DUI-D.
• Example 2: Anna smokes marijuana before driving. While on the road, she exhibits signs of impairment, such as slow reaction times and failing to maintain her lane. When an officer pulls her over, she is charged with DUI-D based on her visible impairment and the presence of marijuana in her system.
• Penalties:
• First Offense: Similar to DUI, with up to 1 year in jail, fines up to $1,000, license suspension, and court costs. Community service, probation, and Victim Impact Panel attendance may be required based on the case details.
• Repeat Offenses: 1 to 5 years in jail, increased fines, extended license suspension, and court costs. The court may require community service, probation, and Victim Impact Panel attendance, depending on the specifics of the case.
• Permanent Criminal Record: Yes, a DUI-D conviction results in a permanent criminal record.
• Expungement: DUI-D charges may qualify for expungement under similar conditions to standard DUI, including completion of probation, no additional offenses, and meeting other eligibility criteria.

Most People Fight Their DUI Charge

We understand that many clients facing a DUI charge are deeply concerned about the possibility of jail time and the lifelong impact of a criminal record. Taking control of your future starts today—by working with an experienced DUI defense attorney, you can avoid the severe consequences of a DUI conviction. At the Hunsucker Legal Group, most clients quickly regain their driving privileges and aggressively challenge their DUI charges, often resulting in dismissals, acquittals, or reductions in charges. You too can reclaim your life by scheduling a free, no-obligation case evaluation today.

Effective DUI Defense Strategies in Oklahoma

For clients facing DUI charges in Oklahoma, there are multiple ways to reduce, dismiss, or achieve acquittal. At the Hunsucker Legal Group, we use a variety of proven strategies to challenge DUI cases and pursue the best possible outcomes for our clients:

Law Enforcement Errors and Mistakes

Mistakes by law enforcement officers can be crucial in fighting DUI charges. At the Hunsucker Legal Group, we file motions to suppress evidence when procedures are not followed, stops are unlawful, or other errors occur. Issues such as lack of probable cause, failure to follow strict testing protocols, and mishandling of evidence can all undermine the prosecution’s case and help us challenge the charges, increasing the likelihood of a favorable outcome. Additionally, police officers often lack proper training to accurately assess impairment, which can lead to mistaken conclusions.

Unreliable Observations and Testing

DUI cases often involve subjective observations by police, which can be unreliable. Officers may cite red eyes, unsteady walking, or other signs of impairment that can actually be caused by fatigue, medical conditions, or environmental factors. Breath tests may also yield inaccurate results due to improper calibration or health conditions affecting BAC levels, and field sobriety tests can be compromised by physical limitations or external conditions. Even blood tests, while generally reliable, can be mishandled, which can further weaken the case.

Medical Conditions Impacting Test Results

Certain medical conditions can impact the accuracy of DUI test results. Conditions like acid reflux, GERD, diabetes, or dry eyes can produce misleading results, as some compounds in the breath may register as alcohol on breath tests. Additionally, issues like dry eyes, balance disorders, neurological conditions, and weak hips can affect performance on field sobriety tests, leading to unjust conclusions about impairment. There are countless ways to challenge breath, field sobriety, and blood tests when they are influenced by medical conditions.

Beyond these strategies, there are numerous additional defenses that the Hunsucker Legal Group can employ to challenge DUI charges and protect our client’s futures.
 
When facing DUI charges in Oklahoma, The Hunsucker Legal Group understands that a strong defense is built on preparation, meticulous strategy, and relentless advocacy. Our approach to defending clients against DUI charges involves a rigorous investigation of every facet of the case, ensuring we have the facts and evidence necessary to secure a favorable outcome.

FAQS

Why Are There So Many DUI Arrests in Norman, Oklahoma?
Norman, Oklahoma, sees a high rate of DUI arrests due to proactive law enforcement efforts, including frequent checkpoints and patrols, especially around the University of Oklahoma. Additionally, state grants and a focus on public safety drive local police to strictly enforce DUI laws to reduce impaired driving.

What Are the Consequences for a University of Oklahoma Student Convicted of a DUI in Norman?
In addition to legal penalties, a DUI conviction can impact a student's standing at the University of Oklahoma. Depending on the severity of the offense, students may face disciplinary actions, which could include probation, suspension, or expulsion from the university.

What Happens if You Get a DUI on Campus at the University of Oklahoma?
A DUI on the University of Oklahoma campus in Norman can lead to standard legal penalties as well as additional university disciplinary actions, such as probation, mandatory education programs, or even suspension. Campus police enforce DUIs alongside Norman Police, especially around major events. Student-athletes, scholarship holders, and those under 21 may face further consequences, including parental notification and potential loss of privileges.

What Are the Implications of Refusing the Roadside Breath Test in Oklahoma?
In Oklahoma, refusing the roadside breath test does not carry immediate legal penalties. However, without the breath test results, it can be more challenging for the prosecution to establish impairment or obtain a conviction.

What Happens When You Decline Field Sobriety Tests?
Since field sobriety tests are optional, there are no legal consequences for refusing them. By declining these tests, you reduce the amount of visual evidence available to the prosecution, which can make it harder to prove impairment.

What Are the Consequences of Refusing the Official Breath Test at the Station?
Refusing the official breath test at the police station triggers an automatic suspension of your driver’s license under Oklahoma’s implied consent laws. Without this BAC evidence, however, the prosecution may face difficulties in proving your level of intoxication for a DUI conviction.

What Is the Impact of Refusing a Blood Test in Oklahoma?
Refusing a blood test can lead to stricter consequences, such as an extended suspension of your driver’s license. Additionally, by refusing, you limit the prosecution’s ability to use BAC data to support a claim of impairment.

Why Choose the Hunsucker Legal Group for DUI Defense?

1. Deep Dive Investigation
From the moment we take on your case, our attorneys initiate an in-depth analysis, focusing on gathering evidence that often surpasses what the prosecution and law enforcement possess. By conducting independent investigations and scrutinizing every detail of your arrest, we aim to uncover any inconsistencies, procedural errors, or weak points that may exist in the prosecution's case. Our commitment is to out-prepare the prosecution, giving us a distinct advantage when we enter the courtroom.

2. Aggressive Defense Strategy
Our attorneys are known for leaving no stone unturned. We carefully review each step taken by law enforcement, from the initial stop to sobriety testing and arrest protocols. This attention to detail allows us to identify any violations of procedure or rights that may have occurred during your arrest. If errors are found, we aggressively challenge these in court, working to have evidence suppressed or charges reduced.

3. Experience You Can Trust
With years of experience specifically in DUI cases, our attorneys bring a wealth of knowledge about Oklahoma DUI laws and the nuances that can impact a case. Our reputation for thorough preparation and our track record in the courtroom ensure that opposing counsel knows we are serious and well-prepared.

4. Personalized Defense Strategy
Every DUI case is unique, which is why we do not take a one-size-fits-all approach. Once we’ve completed our investigation, we develop a defense strategy tailored specifically to your situation. This personalized approach maximizes the likelihood of a successful outcome, whether that’s a dismissal, reduction of charges, or another favorable resolution.

The Value of Speaking With a Defense Team

We believe that everyone should understand their options when facing DUI charges, which is why we offer a free, no-obligation consultation. During this initial meeting, you’ll have the opportunity to discuss your case with a knowledgeable attorney who will listen to your story, ask questions, and provide insight into potential defenses.

This consultation is designed to help you:

• Understand the legal process and potential consequences of DUI charges in Oklahoma.
• Review possible defense strategies specific to your situation.
• Gain clarity on what to expect and how The Hunsucker Legal Group can assist in your defense.

Moving Forward with Confidence

After your consultation, if you choose to work with us, we’ll outline a customized defense plan and provide a transparent quote for our services. The decision to proceed is entirely yours, and we are here to support you in making an informed choice that’s best for your future.

Schedule Your Free Consultation Today

If you’re ready to explore your options and learn how The Hunsucker Legal Group can defend you against DUI charges, contact us for a free evaluation. Our team is prepared to stand by you, fight for your rights, and pursue every avenue for the best possible outcome in your case.