If you or a loved one have faced DUI charges in Mayes County, Oklahoma, you know how significantly a DUI charge or conviction can affect your life. A conviction can mean jail time, fines, and the loss of your license. You don’t want to face DUI charges alone. A Mayes County DUI attorney can work with you to build a strong defense that can minimize the consequences of a DUI. In some cases, your attorney may even have the charges against you dismissed.
How a DUI Occurs
All drivers on Oklahoma public roadways are required to use due care when driving to protect themselves and others. A driver who is under the influence of alcohol or any other type of drug or medication that interferes with their ability to drive safely can be prosecuted.
It can happen at dinner with friends or on a Saturday night out with your buddies. One drink turns into two, or three, and even though you may feel safe driving your vehicle, the law dictates that if your blood alcohol is in excess of legal limits, you may not legally drive. A police officer will pull up behind you and ask that you take a breathalyzer test and if it is above the limit, will take you to jail. If this happens, the first thing you should do is call an attorney.
Blood Alcohol Limits Under Oklahoma Law
In Oklahoma it is against the law for a person to drive any motor vehicle:
- with a blood alcohol content level (BAC) of .08% or higher,
- who is under the influence of alcohol;
- who has any amount of a Schedule I chemical or controlled substance in their system;
- who is under the influence of any intoxicating substance other than alcohol which makes that person incapable of driving safely; or
- who combines alcohol and another intoxicant which makes it unsafe for that person to drive safely. Okla. Stat. tit. 47 § 11-902
There are a number of tests that can be given during an arrest for a DUI. These tests vary in accuracy and that can influence a defense in a DUI case.
Some of these tests include:
- Field Sobriety Test: There are a number of types of field sobriety tests, designed to measure the level of driver impairment, including such things as standing on one foot or walking an imaginary line. These tests are subjective and can be improperly administered.
- Breathalyzer Test: In Oklahoma, this test is done with a device known as the Intoxilyzer 8000. The amount of alcohol in exhaled air is used to help determine the amount of alcohol in your blood. Because this relationship is tenuous, it does not always reflect blood alcohol content accurately.
- Blood Test: Blood tests are more accurate than breathalyzers, but they must be precisely taken handled, and stored. Mistakes can contaminate the sample and invalidate the results.
Penalties for Driving Under the Influence
Penalties for a DUI are stiff. A first conviction is treated as a misdemeanor, punishable by up to 1 year in the county jail, a fine up to $1000, or both. After the first conviction, however, the matter is charged as a felony with escalating consequences. A second DUI conviction within 10 years of the first is punishable by a prison term of 1 to 5 years, a fine of up to $2500, or both. Okla. Stat. tit. 47 § 11-902
Over time, a defendant can face up to 480 hours of community service, prison time from 1 to 20 years, a fine of up to $5000, or some combination of all of these penalties. Okla. Stat. tit. 47 § 11-902
This is in addition to the loss of your license and the possibility of mandated residential treatment at your expense.
How a DUI Attorney Can Help
Defenses depend on the circumstances. When a test is given improperly, or the results are contaminated or otherwise invalid, the charges may be reduced or dismissed. An experienced DUI attorney knows what to look for in testing issues.
Sometimes, the initial stop is improper. If the police officer had no probable cause to make the initial traffic stop, all evidence that flows from the improper stop may be suppressed. This defense is highly technical and fact-bound. Other defenses may be available to you. Get the help you need.
Free Consultation with a Mayes County DUI Attorney
Call (918) 932-2862 now for a free consultation with a Mayes County DUI lawyer. Let us see how we can help you today.
You can also fill out the consultation form at the top of this page. Wirth Law Office – Pryor answers all of your legal questions. Fill out our consultation form on this page and one of our DUI attorneys will contact you as soon as possible.