Oklahoma Criminal and DUI Law Oklahoma Criminal and DUI LawFew things are more frightening than being charged with the commission of a crime, whether guilty or not. Most of the fear is of the unknown. I am often asked "Will I go to jail" by new clients.
There are many considerations in a criminal matter. Matters may be in the Federal, State or Municipal Court. In Federal and State Courts, the crime charges may be a felony or a misdemdeanor. Before any questions specific to your matter may be addressed, it is vitally important to know which Court will hear the matter and the specific statute or ordinance that is alleged to have been violated. In consulting with any attorney, have all paperwork or citations handy so that your attorney can be as specific with answers as possible.
Driving Under the Influence (DUI) cases are even more complex. Knowing which Court will hear the matter is the first step. Other issues that are important are age of the defendant, history of past drinking or drug offenses, and whether the defendant is alleged to have been under the influence of drugs, alcohol, or both.
When charged with Driving Under the Influence of Drugs, it is important to remember that if the medication involved was prescribed by a physician, the prescription is no defense. The only issue is whether or not the effects of the medication impaired the driving ability of the defendant to a degree that made it unsafe to operate a motor vehicle.
Also remember that when a person is charged with DUI (drugs or alcohol), there will likely be a suspension of driving privileges. The issue of the suspension of driving privileges is in no way related to the Court action. The two proceedings are separate and independent of one another. When charged with DUI, a person should seek the representation of legal counsel as soon as possible. There are a myriad of factors that only experienced counsel can address. If the DUI is a first offense with no personal injury involved, there is little to no chance that the State will seek jail time.
Many issues also arise concerning the DUI tests. First, there are "field tests" (walking a straight line, hopping on one foot, blowing into a mobile breathalyzer, etc). Any time an officer has "reasonable suspicion" that a person is under the influence of drugs or alcohol, the officer can ask the person to submit to a field test. If the person refuses to participate, it has no impact on your license. If, however, the officer requests that the person go to the police station and submit to a genuine breathalyzer, or go a hospital for the drawing of blood to be analyzed, this is very different. NEVER REFUSE THE REQUEST OF AN OFFICER TO SUBMIT TO THE BLOOD OR CONTROLLED BREATH TEST. Persons that refuse these tests are treated as if they were at more than twice the legal limit (aggravated DUI). This means for the period of the person's license suspension (a minimum of 6 months), and for 18 months after that (at least 2 years total), that person will be required to have an interlock device (a machine that will only allow the vehicle to start after the driver blows an air sample into a tube.
When a person fails or refuses a test, the minimum requirements to have the driver's license reinstated is completion of a state-approved DUI School and the attendance at a live Victim Impact Panel.
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