Georgia DUI LawyerAn arrest for an Oklahoma driving under the influence (DUI) violation initiates two legal cases: a criminal case and a civil case in which driving privileges will be determined. DUI drivers in Oklahoma are charged with an alcohol level of 0.8 or higher from a breath or blood test as well as the impairment of normal faculties from either alcohol or drugs—whether or not their driving is unsafe. Refusing the test will still result in a DUI charge and loss of a driver's license for six months to three years.
If the blood alcohol level is .15 or higher, the arrest will be for aggravated DUI. In this instance, the punishment for a conviction can include a mandatory in-patient treatment program.
Two theories exist in Oklahoma DUI laws. In the first, a driver can be arrested simply for not driving like a sober person. The second theory requires a blood alcohol test and subsequent reading of 0.8 or higher.
With a first offense, the driver can be punished with a fine, jailed up to one year, required to do community service and install an ignition interlock on the car. With a second offense, the fines and jail time increase (up to $5,000 and 10 years); in addition, the driver might have to forfeig his or her automobile. An Oklahoma DUI lawyer can
Once the arrest is on the driver's record, it remains and can cause the driver's insurance rates to rise.
Protecting Your Rights
Once arrested for DUI, you 15 days to request a hearing; if you don't do so, your driver's license will be revoked. You can be issued a temporary license until the hearing. An Oklahoma DUI lawyer can sometimes prevent the loss of your driver's license at this hearing and will also know how to defend you in the criminal case so your punishment will be reduced even if you don't win the case.
An Oklahoma DUI lawyer discusses the case with the prosecutor, looks for weaknesses in the manner in which you were arrested as well as other weaknesses in the case, and then seeks either a dismissal or a plea bargain. If your case goes to a jury trial, the verdict to convict must be unanimous.
Even if your Oklahoma DUI lawyer succeeds in getting your criminal case dismissed, the loss of your driver's license will continue to remain on your driving record.
Locate a Georgia DUI Lawyer:
Smith, Schroeder & O'Connell