DUI

Tulsa DUI Attorney

Aggressive & Effective DUI Defense in 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, which means 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 are facing if you have been arrested for DUI. We also understand the stakes. Our Tulsa DUI defense lawyer can help you understand your legal options and work toward an optimal resolution to your case. 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 DUI?

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 “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? Here is a brief overview of the primary distinctions:

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,” which means 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.

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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.

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.

What Are the Field Sobriety Tests for DUI?

The National Highway Traffic Safety Administration (NHTSA) has established three field sobriety tests that are 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.

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, there are many other factors that 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

If you have been arrested and charged with DUI, it is important to remember that 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: In order 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: In order 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 there are many factors that 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 there are many factors that 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 there are many factors that 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 defense attorney in Tulsa.