DUI in Oklahoma
DUI is a very serious crime in Oklahoma. Your first DUI can land you in jail for up to a year, you can lose your license, and you might have to pay fines, court costs, and probation fees. A second or third DUI might mean a felony, more fines, potential prison time, and the suspension of your license for a longer period of time. Don’t let how long ago your last DUI was fool you. Oklahoma has a lookback period of ten years. So, even if you have nine years between DUIs, you could be looking at harsh punishment.
If you’re under the age of 21, then you should know that Oklahoma is a zero tolerance state. It doesn’t matter if you are under the legal limit – you will still be charged with a DUI if you have had ANY alcohol at all. For individuals who are of legal drinking age, the legal limit is .08% Blood Alcohol Content (BAC). If you have a .15% BAC, you can be charged with an aggravated DUI. Although your first offense is still usually a misdemeanor, the range of potential punishment increases and the length of time you may be required to have an interlock device (breathalyzer) in your car could be substantially longer.
What About My Driver’s License?
What happens in your criminal case can have very little to do with whether your license is ultimately suspended. They are completely different processes with entirely different rules. Even if your criminal case is ultimately dismissed, you can still lose your driver’s license.
You only have 15 days after being arrested for DUI to request an administrative hearing from the Department of Public Safety to try and save your driver’s license. If you do not request your hearing in this time frame, your license is automatically suspended. The length of suspension depends on several factors, including your BAC, if you’ve previously had your license suspended for DUI, and whether you refused the State’s test. That is why it is absolutely URGENT that you immediately contact an experienced DUI attorney IMMEDIATELY upon being arrested.
Should I Take the Test? Breath or Blood?
Upon being detained, the officer may request or order you to take ‘field sobriety tests’ such as an eye test, walking test, or stand on one leg test. You may refuse these tests. These tests will be used against you in Court later, so we never recommend taking these tests. Politely decline. You may be asked questions such as “How much have you had to drink, tonight?” Politely decline to answer their questions other than providing your name and identifying information. You may be asked to blow in a “Portable Breath Tester” (PBT). This is different than the official breathalyzer you may be later asked to take. Politely decline. If the officer feels he has “probable cause” to arrest you for DUI, you will be read information from a card asking if you wish to take the “State’s Test” which will be either a breath test (most common) or a blood test (rare unless they suspect drug intoxication). It is your choice whether or not to take the test, however, Faulk Law Firm, PLLC. recommends always taking this test unless you know you are well beyond the legal limit AND publication of a very high BAC will cause you other, non-case related problems such as being a public figure or loss of a job. If you refuse the “State’s test,” you will be subject to the same license restrictions and requirements as an aggravated DUI. So, you might as well take the test.
The officer gets to decide which test will be given, breath or blood, and it will be on an official machine which is usually at the jail, or blood taken in a place like the hospital. You may ask for your own blood test, after you take their test, at your own expense.
Protect Your Legal Rights – Call Now!
If you are charged with DUI, you need the help of a DUI defense attorney who knows the law. Faulk Law firm, PLLC. provides dedicated, expert representation to people charged with DUI. Contact Robert R. Faulk with Faulk Law Firm as soon as possible if you are pulled over for suspicion of DUI or charged with DUI. You have the right to consult with your attorney before you answer any questions. You can help protect your rights by calling Faulk Law Firm – 580-249-9100.
If you’ve already been charged, you need to call Faulk Law Firm, PLLC. as soon as you can for a FREE CONSULTATION. Don’t let another second pass by without having Faulk Law Firm, PLLC. on your side. Faulk Law Firm, PLLC. offers low priced payment plans for your DUI defense case. Call now!