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DUI

DUI Attorney Tulsa

Aggressive & Effective DUI Defense in Tulsa, Oklahoma

Driving under the Influence (DUI) is a serious criminal offense in Oklahoma, as it is in all other states. In Oklahoma, DUI is an "enhanceable" offense, meaning the penalties can increase if you have one or more prior DUI convictions on your record. If you are facing DUI charges, you could be looking at a lengthy license suspension, costly fines, and even jail time. In addition, a DUI conviction will result in a criminal record, which can have a lasting impact on your personal and professional life.

At Enlow Law, we understand the stress and uncertainty you face if you have been arrested for DUI. We also understand the stakes involved. Our Tulsa DUI defense lawyer can help you understand your legal options and work toward an optimal resolution to your situation. Whether you are facing your first DUI charge or you have multiple prior convictions, you can rely on us to provide the aggressive, effective advocacy you need.

Call (918) 212-5359 or online today to request a free initial consultation with our DUI defense attorney in Tulsa.

What Is A DUI in Oklahoma?

In Oklahoma, DUI is defined as operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or greater. However, you can also be arrested and charged with DUI if you are under the influence of drugs, including prescription medications. In Oklahoma, "DUI of alcohol" and "DUI of drugs" are separate offenses, but the penalties are the same.

If you are under the age of 21, you can be arrested and charged with underage DUI if you have any detectable amount of alcohol in your system at the time of driving. This is known as a "zero-tolerance" law, which means you can be charged with DUI if you have even a small trace of alcohol in your system, regardless of whether you are actually impaired.

Is a DUI a Felony in Oklahoma?

In most cases, a first-time DUI is charged as a misdemeanor in Oklahoma. However, if you are facing your second or subsequent DUI charge, you may be charged with a felony. Additionally, if you are involved in a DUI accident that results in serious injury or death, you will likely be charged with a felony offense, even if it is your first DUI.

What is the difference between a misdemeanor and a felony DUI in Oklahoma? 

  • Felonies carry more severe penalties: Misdemeanors are punishable by up to one year in jail and/or a fine of up to $1,000, while felonies are punishable by a minimum of one year in prison and/or a fine of at least $1,000.
  • Felonies are more serious criminal offenses: In addition to the increased penalties, felonies are considered more serious than misdemeanors and, as such, can have a greater impact on your personal and professional life.
  • Felonies result in a permanent criminal record: In Oklahoma, certain misdemeanor offenses can be expunged, or "sealed," from your criminal record. Felonies, on the other hand, result in a permanent criminal record, which can be seen by anyone who conducts a background check.

How Long Do You Lose Your License for a DUI in Oklahoma?

In Oklahoma, the length of your driver’s license suspension will depend on the number of prior DUI convictions you have on your record. DUI penalties are "enhanceable," meaning they can increase with each subsequent conviction. However, it is important to remember that you can face enhanced penalties for DUI even if your prior DUI conviction is from another state.

Here is an overview of the license suspension periods for DUI in Oklahoma:

  • First DUI Conviction: 180 days
  • Second DUI Conviction: 1 year
  • Third DUI Conviction: 3 years
  • Fourth or Subsequent DUI Conviction: Permanent license revocation
  • DUI with BAC of 0.15% or Greater: 1 year (even for a first offense)
  • Refusing a Breath Test: 6 months (even for a first offense)

After the license suspension period has ended, you will still need to pay a reinstatement fee of $300 to reinstate your driver’s license. If you refuse to take a breath test when pulled over on suspicion of DUI, your driver’s license will be suspended for a minimum of 6 months. If you have previously refused a breath test, the suspension period will increase. Additionally, an alcohol and drug assessment may be required before reinstatement, ensuring that any substance-related issues are addressed comprehensively. This process can be complicated, and having a seasoned DUI attorney by your side can help navigate these requirements effectively.

Legal Support for Multiple Offense DUI Charges in Tulsa

Multiple DUI offenses in Oklahoma bring even more severe consequences and require steadfast legal support to navigate the increased complexity. A second conviction can lead to jail time, substantial fines, and extended license suspension, indicating that the state takes repeat offenses seriously. 

At Enlow Law, we understand the nuances involved in defending multiple DUI charges, providing strategies focused on reducing the penalties and protecting your rights. Our legal team diligently analyzes all facets of your situation, from the circumstances of the arrest to any procedural errors, ensuring every avenue for defense is explored.

Defending against multiple DUI offenses is not only about addressing the immediate legal challenges but also involves long-term strategies to prevent future legal issues. Our attorneys work with you to understand the underlying causes of repeated offenses, such as alcohol dependency or lifestyle stresses, and recommend programs or interventions that could be beneficial. 

Ensuring these elements are part of your defense can sometimes lead to more lenient sentences or alternative sentencing options. Engaging with programs shows a proactive stance toward rehabilitation, which can positively influence court outcomes.

Understanding the Impact of a Felony DUI in Tulsa

A felony DUI charge in Oklahoma is one of the most serious charges one can face concerning driving under the influence, often reserved for repeat offenders or cases involving accidents with significant injury or fatality. A felony conviction can severely impact various aspects of your life, from employment opportunities to personal relationships, given the stigma and restrictions associated with a felony record. Our Tulsa DUI attorneys at Enlow Law strive to mitigate these impacts, dedicating resources to build a strong defense to challenge the charges effectively.

Fighting a felony DUI requires a comprehensive approach that includes scrutinizing the legality of the traffic stop, the validity of the tests administered, and the proper execution of arrest protocols. We gather expert testimonies, employ accident reconstructionists if necessary, and meticulously review evidence to identify inconsistencies or rights violations.

 Our team ensures you are informed throughout the process and that all legal avenues are leveraged to reduce the severity of the penalties or seek alternative sentencing that may include rehabilitation or community service, aligning with judicial leniency where possible.

What Are the Penalties for a DUI in Oklahoma?

The penalties for DUI in Oklahoma are severe and can have a lasting impact on your life. In addition to a lengthy license suspension, you could be facing costly fines, mandatory community service, and even jail time. If you are facing felony DUI charges, you could be facing a minimum of one year in prison. The imposition of such penalties is intended not only to punish but also to deter future offenses and safeguard the community from impaired drivers. A DUI conviction can also have collateral consequences, such as increased insurance premiums, difficulty securing employment, and limitations on travel, especially to countries that restrict entry to individuals with criminal records.

Here is an overview of the penalties for DUI in Oklahoma:

  • First DUI Conviction: Up to 1 year in jail, a fine of up to $1,000, and a license suspension of 180 days. You will also be required to complete a substance abuse assessment and any recommended treatment or counseling. If you are convicted of DUI, you will also be required to have an ignition interlock device (IID) installed in your vehicle for a minimum of 18 months.
  • Second DUI Conviction: Up to 1 year in jail, a fine of up to $2,500, and a license suspension of 1 year. You will also be required to complete a substance abuse assessment and any recommended treatment or counseling. If you are convicted of DUI, you will also be required to have an ignition interlock device (IID) installed in your vehicle for a minimum of 4 years.
  • Third DUI Conviction: Up to 1 year in jail, a fine of up to $5,000, and a license suspension of 3 years. You will also be required to complete a substance abuse assessment and any recommended treatment or counseling. If you are convicted of DUI, you will also be required to have an ignition interlock device (IID) installed in your vehicle for a minimum of 5 years.
  • Fourth or Subsequent DUI Conviction: Up to 1 year in jail, a fine of up to $5,000, and a permanent license revocation. You will also be required to complete a substance abuse assessment and any recommended treatment or counseling. If you are convicted of DUI, you will also be required to have an ignition interlock device (IID) installed in your vehicle for a minimum of 5 years.
  • DUI with BAC of 0.15% or Greater: If you are arrested and charged with DUI and your BAC is 0.15% or higher, you will face enhanced penalties, even if it is your first DUI conviction. Enhanced penalties for DUI with a high BAC include a minimum of 5 days in jail, a fine of up to $1,000, and a license suspension of 1 year. You will also be required to complete a substance abuse assessment and any recommended treatment or counseling, as well as have an ignition interlock device (IID) installed in your vehicle for a minimum of 18 months.
  • Under 21 DUI: If you are under the age of 21 and are arrested and charged with DUI, you will face a license suspension of 6 months. You will also be required to complete a substance abuse assessment and any recommended treatment or counseling, as well as have an ignition interlock device (IID) installed in your vehicle for a minimum of 18 months. If you refuse a breath test at the time of your arrest, your driver’s license will be suspended for 1 year, and you will not be eligible to apply for an ignition interlock license.
  • DUI with a Child in the Vehicle: If you are arrested and charged with DUI and a child under the age of 18 was in the vehicle at the time of your arrest, you will face enhanced penalties. Enhanced penalties for DUI with a child in the vehicle include a minimum of 5 days in jail, a fine of up to $1,000, and a license suspension of 1 year. You will also be required to complete a substance abuse assessment and any recommended treatment or counseling, as well as have an ignition interlock device (IID) installed in your vehicle for a minimum of 18 months. If you refuse a breath test at the time of your arrest, your driver’s license will be suspended for 1 year, and you will not be eligible to apply for an ignition interlock license.

It is important to note that you will be required to pay all fines and court costs in full before you can have your driver’s license reinstated. Additionally, you will be required to carry SR-22 insurance for a period of no less than 3 years after your driver’s license is reinstated. SR-22 insurance is significantly more expensive than standard auto insurance. The requirements tied to DUI convictions underscore the importance of proactive legal representation early in the process to potentially mitigate these consequences.

Field Sobriety Tests in Oklahoma DUI Cases

The National Highway Traffic Safety Administration (NHTSA) has established three field sobriety tests used by law enforcement officers across the country to determine whether a driver is under the influence of alcohol or drugs. These tests are not always accurate, and many factors can influence the results. To minimize the impact of inaccuracies and ensure fair testing, our team at Enlow Law remains updated on the latest developments in field sobriety testing protocols, providing our clients with knowledgeable representation that considers all aspects of DUI situations.

These tests include:

  • Horizontal Gaze Nystagmus (HGN): The HGN test is conducted by asking the driver to follow a small object, such as a pen, with their eyes as the officer moves it from side to side. Nystagmus refers to an involuntary jerking of the eyes, and this test is used to determine whether the driver’s eyes "jerk" when they move them side to side. However, many other factors can cause nystagmus, and the test is not always accurate.
  • Walk-And-Turn Test: The walk-and-turn test is conducted by asking the driver to walk in a straight line, heel-to-toe, turn around, and walk back to the starting point. The officer will look for certain "clues" of impairment, such as whether the driver is unable to maintain their balance, whether they take the wrong number of steps, or whether they step off the line. However, many other factors can cause a driver to fail this test, including poor weather conditions, poor lighting, or a medical condition.
  • One-Leg Stand Test: The one-leg stand test is conducted by asking the driver to stand on one leg and count to 30. The officer will look for certain "clues" of impairment, such as whether the driver is unable to maintain their balance, whether they use their arms to balance, or whether they put their foot down. However, many other factors can cause a driver to fail this test, including poor weather conditions, poor lighting, or a medical condition.

How to Fight a DUI Charge in Tulsa

If you have been arrested and charged with DUI, it is important to remember you have the right to defend yourself. The prosecution has the burden of proving your guilt beyond a reasonable doubt, and a skilled DUI defense lawyer can help you build an effective defense strategy.

Here are a few potential defense strategies for DUI in Oklahoma:

  • Challenging the Traffic Stop: To pull you over on suspicion of DUI, the police officer must have had "reasonable suspicion" that you were engaged in criminal activity. If the officer did not have reasonable suspicion, your Fourth Amendment rights may have been violated, and any evidence gathered as a result of the traffic stop may be suppressed.
  • Challenging the Arrest: To arrest you on suspicion of DUI, the police officer must have had "probable cause" to believe that you were operating a vehicle with a BAC of 0.08% or greater. If the officer did not have probable cause, your Fourth Amendment rights may have been violated, and any evidence gathered as a result of the arrest may be suppressed.
  • Challenging the Breath or Blood Test: If you took a breath test at the police station and your BAC was 0.08% or greater, you will likely be charged with DUI. However, breath tests are not always accurate, and many factors can influence the results. Additionally, if you took a blood test at the hospital and your BAC was 0.08% or greater, you will likely be charged with DUI. However, blood tests are not always accurate, and many factors can influence the results. A skilled DUI defense attorney can help you challenge the breath or blood test results and work to have the evidence suppressed.
  • Challenging the Field Sobriety Tests: As previously mentioned, the field sobriety tests are not always accurate, and many factors can influence the results. A skilled DUI defense attorney can help you challenge the field sobriety test results and work to have the evidence suppressed.
  • Challenging the Police Officer’s Testimony: In many DUI cases, the police officer’s testimony is the primary evidence against the defendant. A skilled DUI defense attorney can help you challenge the police officer’s testimony and work to have the evidence suppressed.
  • Negotiating a Plea Agreement: If the evidence against you is strong, you may be able to negotiate a plea agreement with the prosecution. In some cases, the prosecution may be willing to reduce your DUI charge to a "wet reckless" or even a "dry reckless," both of which carry significantly reduced penalties.

Call (918) 212-5359 or online today to request a free initial consultation with our DUI attorney in Tulsa.

FAQ: Navigating DUI Charges with a Tulsa DUI Lawyer

What Should I Do Immediately After a DUI Arrest in Tulsa?

After being arrested for DUI in Tulsa, the first step is to remain calm and cooperative with law enforcement. Ensure you fully understand your rights, including the right to remain silent and the right to an attorney. After processing and release, it's critical to contact a DUI lawyer Tulsa as soon as possible. At Enlow Law, our legal team is available to help navigate the intricacies of DUI charges, providing guidance on documentation you should gather, such as arrest records, and advising on next steps to protect your driving privileges. Being proactive in seeking legal counsel can help identify potential defenses early, ensuring that your situation is thoroughly prepared.

How Can a DUI Affect My Insurance Rates in Oklahoma?

Following a DUI conviction in Oklahoma, one significant consequence is the likely increase in your auto insurance rates. Insurance companies view DUI convictions as high-risk behavior, often resulting in premium hikes or even policy cancellation. Additionally, Oklahoma law requires individuals convicted of DUI to file an SR-22 certificate as proof of financial responsibility, which can further impact your insurance costs due to the associated administrative fees and increased premiums. Consulting with a DUI defense attorney Tulsa can help mitigate these impacts by working towards reduced charges or alternative sentencing, which could lessen the impact on your insurance rates.

What Are the Common Defenses Against DUI Charges?

There are several viable defenses against DUI charges, dependent on the specifics of your situation. Common defenses include challenging the legality of the traffic stop, asserting inaccuracies in field sobriety or chemical testing, and questioning the procedural conduct of the arresting officers. Each defense strategy requires a meticulous review of the evidence and circumstances surrounding your arrest. At Enlow Law, we focus on tailoring defense strategies to the unique circumstances of each client, ensuring all possible angles are explored and leveraged.

How Do Field Sobriety Tests Work in Oklahoma?

In Oklahoma, field sobriety tests are used as a preliminary method to assess a driver's impairment under suspected DUI. Despite their widespread use, these tests rely on an officer's subjective judgment and can be influenced by various factors, including medical conditions, environmental conditions, or nervousness. Consequently, their reliability can be contested in court. Commonly conducted tests include the Horizontal Gaze Nystagmus, the Walk-and-Turn, and the One-Leg Stand. While failing these tests can contribute to probable cause for arrest, they are not definitive proof of intoxication.

What Happens If I Refuse a Breathalyzer in Tulsa?

Refusing a breathalyzer test in Tulsa may lead to immediate administrative actions, including an automatic driver's license suspension. Under Oklahoma's implied consent laws, drivers agree to submit to chemical testing if suspected of DUI. A refusal often results in a six-month license suspension for a first offense, and subsequent refusals can lead to lengthier suspensions. Despite these consequences, a refusal can be strategically used in defense, as the lack of test results may hinder the prosecution's case. Consulting with a skilled Tulsa DUI lawyer can provide insight into the best course of action following a test refusal.