How on earth does somebody manage to get out of a DUI in Oklahoma City. The simple answer is to hire an attorney that knows the system inside out. Well, that appears to be so simple, anybody should be able to find an attorney worth his salt. But wait, if the client knows a little about the system then he willbe informed and be able to ask some of the right questions to the lawyer. Here are a few of the simple things to ask your attorney about.
How much do you have to drink (blood alcohol content, BAC) for a DUI in Oklahoma?
|Under 21||.00% Oklahoma is a zero tolerance state|
|21 or older||.08%|
What if you refuse to take a chemical test in Oklahoma?
Oklahoma has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. The law on the subject of refusing to take the test is the law of implied consent.
Oklahoma law requires you to take a blood, breath, saliva, or urine test if you are arrested for a DUI. Oklahoma’s “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving under the influence, then you consent to taking a chemical test of your blood or breath for the purpose of determining your blood alcohol content (BAC), or a test of your saliva or urine to check for drugs. The test must be taken within two hours of driving and you cannot refuse the test without penalty.
Even if you are not driving, you could be arrested and asked to take a chemical test for a related charge, actual physical control (APC). Generally, actual, physical control means that the driver is in the vehicle and could move it, even though he might not be trying to move it when the officer finds him. In Oklahoma, an APC usually involves a driver who realizes he is too drunk to drive and pulls over to sleep it off. An officer finds the driver in the parked car, wakes him up, smells alcohol on his breath, and arrests him. Although the driver was asleep, the law assumes that he could have awoken at any time and driven while still drunk. The state treats this potential threat to public safety the same as DUIs under the implied consent law. It punishes an APC the same as a DUI.
Refusing to Take the Test
After you are arrested, the officer should tell you that you will lose your license if you refuse to take a test. Once you do refuse, the officer cannot make you take one unless you were involved in an accident where someone was seriously injured or killed. Also, if you were killed or become unconscious due to an accident, then the officer does not need to ask you before ordering a test. .
For your first refusal, your license will be suspended for six months unless you also have a previous DUI or APC conviction. If you do, then it will count as if this were your second refusal, which is punished by a one-year suspension. For your third refusal (or for any combination of refusals and prior convictions that amounts to three or more), the penalty is a three-year suspension.
Should You Refuse to Take a Mandatory DUI Test in Oklahoma?
It usually does not help you to refuse to take a blood, breath, saliva, or urine test when you are arrested. For a first DUI in Oklahoma, you will go to jail for at least ten days, be fined up to $1,000, and will have to participate in an assessment program for substance abuse. This is more severe than having your license suspended. Still, refusing the test does not guarantee that you won’t be convicted – you could be found guilty of a DUI even if your refusal means that the state does not have proof that your BAC was over.08%, the legal limit for those over 21. In fact, the prosecution can use your refusal against you by arguing that you refused the test because you knew that you were intoxicated and guilty of DUI.
Get Help With Your DUI
If you have been arrested on a DUI charge in Oklahoma or any other state, get help from an experienced DUI attorney. Unlike other traffic related charges, which might be worth fighting without a lawyer, conviction for a DUI has serious consequences – especially if the incident involved injury to people or property, or if it’s your second or subsequent DUI. To avoid or reduce the consequences, your best bet is to find an attorney who is knowledgeable about your state’s laws and about how the system works in your county’s court.
The consequences go beyond jail time and fines. A DUI, on your record will automatically qualify you for a felony DUI, as a second offense. A deferred sentence may also act to allow the prosecutor to file felony DUI charges against you. Not to forget, that if you plead guilty to a misdemeanor DUI, your liability insurance rates will double or triple for five years.
The best advice is: Don’t get a DUI, but if you do, you better look for expert advice on how to get out of it. If you would like to see what happens when the police follow and arrest someone for DUI, please click on this URL:
It is a long video, and the arrest scene is quite unpleasant. If you get in trouble in Oklahoma, drinking and driving, the long term consequences will be unpleasant unless you have a qualified and experienced DUI ATTORNEY to help you out. Please call Robert R. Robles, 405 232-7980. I can help.