Oklahoma DUI Laws Create a Need for Legal Defense For Citizens and Immigrants

If you find yourself in Oklahoma, best thing to do is to steer clear of John Law.  He will put you in the slammer so fast, it will make your head spin.  A trained and active lawyer is needed by the DUI victim to get him clear of the charges.  Take a look at the trouble one can get into for having some detectable amounts of alcohol in the blood.

Oklahoma has some unusual and all-encompassing dui laws. For example, a particular dui penalty depends not only upon the evidence of the case, but also upon the jurisdiction where you were arrested. Whereas a DUI in a small town may bring a small fine, the same infringement in a large city could bring a significant fine and time in jail. And, as we will see below, the penalties for a DUI in Oklahoma depend on more factors than just your blood alcohol concentration (BAC) or how safely you drive.

There are three different categories of drunk driving in Oklahoma: Driving Under the Influence of alcohol and/or drugs (DUI), Driving While Impaired (DWI), and/or Actual Physical Control (APC). What’s the difference between dui and dwi and apc? If your  BAC is greater than .05 but lower than .08, you will likely be charged with DWI. An Oklahoma DWI usually garners a lesser punishment than does a DUI or APC. If your BAC is .08 or more, and/or your driving ability has been legally impaired by the use of alcohol and/or drugs, you will likely be charged with an Oklahoma DUI. The main difference between APC and DUI is that a DUI requires operation of the vehicle, whereas APC only requires that the vehicle could be driven. Have you heard dui stories of people arrested for drunk driving even when they’ve been sleeping it off in their cars? In Oklahoma, this is called an APC. If you are in a vehicle, and have the ability and potential to drive, you can be arrested if you are found to be impaired. 

What’s the difference between dui and dwi criminal penalties for a first offense?  An Oklahoma DWI will bring a loss of your driver’s license for 30 days, a fine of from $100 to $500, and up to six months in jail. An Oklahoma DUI brings a loss of license from 6 months up to three years depending on the number of previous chemical test failures, fines from $500 to $1,250, 10 days to one year in jail, attendance at a victim’s impact panel, and mandatory alcohol and/or drug assessment + follow the recommendations, which  lead to  enrollment in a substance abuse program. If you’ve been charged with an APC, the consequences to your driver’s license and the dui penalties are basically the same as they are for a DUI.

Oklahoma has zero tolerance for underage drinking. You will be charged with DUI if you have a BAC of .02 and are under the age of 21. Underage drinking penalties include a loss of license for 6 months, a fine from $100 to $500, community service, enrollment in a substance abuse program, or any combination of these.

Drivers who have a commercial driver’s license (CDL) must be very careful, because they can be convicted of an Oklahoma DUI with a BAC of .04 while operating any vehicle. That’s right – even if you’re off duty and driving your own person car, if you have a CDL and a BAC of .04, you can be convicted of DUI. Since this situation can adversely affect your future livelihood, you may want to enlist the help of the best drunk driving lawyer you can find.  Give Robert R. Robles a call if you have problems with DUI laws in Oklahoma.  405 232-7980.  The CDL will be suspended whether or not a conviction is obtained by the prosecution.  All that matters is the result of the chemical test.

Non Citizens and immigrants have it the worse of all, they may work out a favorable plea bargain only to have the Immigration Service ignore the details and slam them with a penalty for a conviction in spite of the fact that the case resulted in being dismissed.

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What is an Oklahoma Oil and Gas Lease and How to Make It Pay

Before I can discuss how to make money off an oil and gas lease, it is important to discuss the rights related to  an oil and gas lease.  An oil and gas lease is a hybrid between a deed and a contract and has elements of both.  It is not like an apartment or shopping center lease.  Over the years, the oil and gas lease has evolved into its present state.   In order to help explain just exactly what an oil and gas lease is, I will borrow liberally from a scholarly article written by Ryan Ray.  He writes, “Oil and gas leases present unique legal issues, and the law governing their execution, duration and interpretation is distinct from ordinary principles of property law or contract law.”

The Law of capture:  May be summed up: Under Oklahoma law, the owner of a tract of land does not hold an ownership interest in the oil or gas under his land until those substances are extracted to the surface and reduced to possession. The Oklahoma doctrine of oil and gas ownership is commonly referred to as the “exclusive-right-to-take” theory. Early on, the Oklahoma courts recognized that oil and gas are “fugacious [substances] and are not susceptible to ownership distinct from the soil.”  That is correct, until the oil and gas are separated from the soil.  Thus, The Law of Capture, means, the first one to get it owns it.

With this realization, the courts concluded that the rule of capture applied to fugacious minerals – such as oil and gas – that were capable of subsurface migration within a reservoir. Under the law of capture, a landowner or mineral owner has the “exclusive right to drill for, produce, or otherwise gain possession of [petroleum-based] substances.” Included in these exclusive rights is “the right to reduce to possession oil and gas ‘coming from land belonging to others.'” The rule of capture allows a landowner or mineral owner to drill as many wells as they wish, drill those wells as close to the boundary line of neighboring tracts of land, and operate the wells in the most efficient manner possible. The neighboring landowner’s remedy is not an action for conversion or equitable relief to prohibit or reduce their neighbor’s operations. Rather, their remedy is to drill their own well. In modern times, the rule of capture has been made subject to the Conservation Act, which sets limits on well spacing and drilling in order to prevent waste and protect correlative rights.

The mineral owner holds many rights as a result of their exclusive right to take the oil and gas underlying a certain tract. Included in these rights are 1) the right to develop the minerals 2) the executive right (i.e., the power to execute a lease conveying the development right); 3) the right to receive bonus (i.e., a cash payment made for execution of a lease); 4) the right to receive delay-rental payments; 5) the right to receive royalty; and 6) the right to receive shut-in royalty.9 The owner of the mineral estate may, in theory, sever any or all of these interests to different persons.

It is essential to observe at the outset that, although it is called a “lease,” the common-law doctrines governing real-property landlords and tenants do not apply to an oil and gas lease. The oil and gas lease is sui generis; it is part conveyance, part executory contract.14 The oil and gas lease is a conveyance, as it is through the lease that the mineral owner conveys a property right to the lessee – usually an oil company – “to explore for and produce oil and gas, reserving a royalty interest in production.” The lease is a contract in that the lessee accepts these property rights subject to certain express and implied promises to the lessor.

While the oil and gas lease does not convey absolute title to the oil and gas that may lie beneath the surface, it does convey an interest in the land. An oil and gas lease must therefore be in writing and signed, as it falls within the statute of frauds.20 The lease must also identify the lessor, the lessee, the interest conveyed, and an adequate description of the leased premises.21 Also like a deed, an oil and gas lease must be delivered in order to be effective.

The Oklahoma courts have determined that the property right conveyed in an oil and gas lease is a “profit à prendre capable of legal existence as a servitude ‘unattached’ to land (in gross), and may be transferred in gross, either in whole or in part, as an estate in real property.”17 The profit à prendre, also known simply as the “profit,” is a common-law property interest that is a “liberty in one person to enter another’s soil and take from it the fruits not yet carried away.” The analogy that Oklahoma courts have often used to describe the profit is that it is similar to a right to enter onto another’s land and either hunt or fish.

These rights and duties that I have been discussing are put into real prospective when they are translated into:  money.  How can one monetize the inherent rights related to the ownership of mineral interests?  How can one turn an oil and gas lease into spending money?

Making Money Off the Oil and Gas Lease

Helpful hints for negotiating a winning position on and Oil and Gas Lease:  Number one above all the rest: hire an attorney who will obtain for you the highest and best offer.

First,  do not accept the first offer presented to you by an Oil & Gas exploration company to lease your minerals. Most companies use independent agents, (landmen) brokers, to buy oil and gas. The agents usually  have the authority to negotiate within a very small window and are not allowed to evaluate the worth of your particular acreage. Most brokers, based upon their history of performance  have to get approval for any counter-offers from their client. the First offer is on the low end of their range and they get credit for buying low.bargaining power will depend on the following;

Second, bargaining power begins with attitude and the belief and knowledge that good legal advice gives.  Feel confident, after consulting an expert that A: The amount of mineral acres you own is a lot and that the buyer needs to close the deal.  B: The amount of nearby production is very close to the new location site and that the well will produce a great amount of oil and gas.  C: If there are companies competing for leases, you have it made in the shade.  D:  You should first negotiate the following; the bonus amount for the lease, the share of royalties and the primary term of the lease. The bonus and royalties differ dramatically from county to county and from section to section, the bonus is based primarily on the production history, potential of the area being leased and the competition. An average lease term should be about 3 years (it is not advisable to agree to an extension option). Royalties vary widely depending on various factors, but for the most part the following might be considered as the corporation commission of Oklahoma sets out in forced pooling orders.

If you need further help with an Oil and Gas Lease, give me a call.  405 232-7980, Robert R. Robles, Attorney

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Oklahoma City Municipal Court of Record

Oklahoma City employs police to keep the peace and in the process to raise revenue for the  City.  It astounds me that the benefits available to the citizens of Oklahoma City can raise so much money for the coffers of the little municipality on the prairie  known as Oklahoma City.

One of the largest cash cows for the city is the Municipal Court of Record located downtown Oklahoma City, across the street from the Oklahoma County Jail.  The city takes in an enormous amount of money on a daily basis from DUI’s, Possession of Marijuana and shoplifting charges.  The smart man avoids appearing in the court, otherwise it costs a lot to get out of trouble.

Posted in Business Law, Conceal Carry, Constitutional Rights, Criminal Defense, Family Law, Real Estate Law, The Reasonable Dr. Ross M. Lence | Tagged , , , , , | Leave a comment

Oklahoma City Dui Defense

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%
Commercial .04%

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.

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.

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Criminal Defense of Undocumented Aliens

I do not practice immigration, it is too heart breaking.  It has been a hard thirty years watching my clients  make the right decision about which way to jump, as the prosecutor attempts to corner his exhausted prey.  The clients, many times out of fear, decide to take a deal, when there is and was, only one way to go.

Many of my Hispanic clients have no choice but to plead to a case where the punishment means they will have a conviction on their record, however, they will avoid the humiliation and indignity of a jail sentence.  It is even worse when the prosecution offers a deferred probation, that is the client is not convicted.  But, the illusion of a future in the United States as the proud owner of a Green Card is eliminated.

Millions of people with green cards arrived as children. If enough time passes, they live in the U.S. for so long that they don’t have close family contacts in their native country or even speak the language. What happens to these folks if they get arrested for a crime? They are almost always offered a plea deal. It’s common sense. Avoid a trial which will cost significant legal fees and may result in a very serious sentence. The problem is, it’s very rare to find an immigration law expert in the room when it’s time to plea bargain. You can put together the best criminal defense attorney, the most experienced prosecutor, and the judge with decades on the bench. None of them are immigration lawyers. So, the plea is arranged. A suspended sentence instead of jail time. Probation, a fine, some community service. Everybody is satisfied. The lawyer has done his client a good service. The district attorney has a guilty defendant. The judge feels that justice has been served.

The immigrant signs a document that says he “may” be deported as a result as his plea.

The green card holder walks out the courtroom with a feeling of relief. He can go back to work, support his US citizen wife and kids, and make sure to never break any more laws. But, along comes Immigration. They take him to jail. He is told that he has no right to bail. It’s not Immigration’s fault. They’re just following the laws that Congress wrote. Now what? His wife is home, alone with their children, She cannot take care of them and earn a living all by herself. She calls an immigration lawyer, seeking advice on how her husband can be released and be allowed to stay in the US. Then she discovers that he has no defense against deportation (They call it “removal,” but it’s the same thing).

The plea looked great on paper.

But the immigration laws are very tough. For the first time, the wife hears the expression: “aggravated felony.” This term includes a list of crimes that starts at letter “A” and goes all the way to “U.” Immigrants who plead to aggravated felonies are given an escort and a one way ticket back to their homeland. That would generally mean removal to a country where they have no family, no job waiting, nowhere to sleep. And a citizen spouse and kids back in the US. Two of the most common types of offenses that seem minor but are aggravated felonies are: possession of a small quantity of drugs with intent to sell, regardless of sentence AND a street fight or other single act involving violence, in which the plea was to a year in prison, even if the immigrant actually serves a few months and then is given time off for good behavior.

Now what?

Up until recently it had been very difficult to reopen a criminal case to make a better deal for the purposes of stopping deportation. Now the courts have spoken. The U.S. Supreme Court, in Padilla v. Kentucky, decided several years ago, has said that immigrants must be clearly warned about the potential deportation consequences of criminal convictions. And  in New Jersey, there have been three important cases which echo this decision. The bottom line is that criminal defendants born elsewhere should not just know their Miranda rights. They should know their Padilla rights. Talking to an immigration lawyer who is well versed in criminal alien cases, before going to make a deal, is about the best advice that I can give anyone.

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Oklahoma Gun Laws

Many clients  ask me general questions about conceal carry laws, gun laws or self defense.  I have put together a small list of points of law regarding the conceal carry permit process and the gun laws of Oklahoma in general.  Please regard this as a general review and not a complete instruction on the topic of conceal carry, licensing, self defense or gun laws in the State of Oklahoma.  Please consult your attorney for specific advice regarding a specific fact pattern.

  • Permit required to purchase rifles and shotguns? No
  • Registration of rifles and shotguns required in Oklahoma? No
  • Is there Licensing of owners of rifles and shotguns? No
  • Is there a Permit required to carry rifles and shotguns? No


  • Permit to purchase handgun? No
  • Registration of handguns? No
  • Licensing of owners of handguns? No
  • Permit to carry loaded handguns? Yes


No Oklahoma permit is required for the purchase of a rifle, shotgun or handgun.

Residents may purchase legal firearms and ammunition from contiguous states, and residents of contiguous states may purchase firearms and ammunition in Oklahoma.

It is unlawful to sell or give any firearm to any person under 18 years of age, except a rifle or shotgun given by a parent to a child for education, hunting, or sport.

It is unlawful for any parent or guardian to permit his or her child to possess any firearm if aware of a substantial risk that the child will use the weapon in a crime or if the child has been adjudicated a delinquent or convicted as an adult of any criminal offense.

It is unlawful for any person to knowingly furnish any firearm to any person who is a felon, a delinquent, under the influence of alcohol or drugs, or is mentally or emotionally unbalanced or disturbed.


No state permit is required to possess a rifle, shotgun or handgun.

  • It is unlawful for any person under 18 years of age to possess any weapon, except rifles or shotguns used in education, hunting, or sport. Any firearm confiscated from a person under 18 by law enforcement upon arrest or detainment is subject to forfeiture.It is unlawful for a felon to possess any firearm or to have a firearm in any vehicle. This same prohibition applies to anyone adjudicated a delinquent child for an offense which would have constituted a felony if committed by an adult, for ten years after such adjudication.
  •  It is unlawful for any person under the supervision of the Department of Corrections to possess or control a firearm, or have one in any vehicle or residence
  • It is unlawful for any unauthorized person to possess a firearm on any school property or vehicle, except for education, hunting, or sport, and those firearms legally carried in a vehicle, provided the vehicle transports a student to or from school and does not remain on school property.
  • Carrying

It is unlawful for any person, except for peace officers on duty, to carry a firearm upon or about his person, or in any container, except for purposes of hunting, fishing, education or recreation or by a valid Concealed Carry License (“CCL”).

A person is permitted to carry firearms open and not concealed when hunting, during safety class, target shooting, for a military function, for a police function, or for entertainment events or historical reenactments.

A person is permitted to carry unloaded firearms open and not concealed when going to or from the person’s private residence or vehicle, or to a gun shop, gun show, or hunting, target shooting, or other sporting activity.

A person may transport an unloaded firearm openly in a motor vehicle at any time.

It is unlawful to carry a loaded firearm in a vehicle, though there are some exceptions for firearms carried by those with a concealed carry license.

It is unlawful for any person other than the owner, proprietor, or a peace officer to possess a firearm in any establishment where alcoholic beverages are consumed.

A person with a valid CCL may carry a firearm onto premises where alcohol is sold, provided that the sale of alcohol is not the primary business.

It is unlawful to carry a firearm for the purpose of unlawfully injuring another person.

It is unlawful to carry or use firearms while under the influence of alcohol, any un-prescribed drug, or any prescribed drug that could cause abnormal behavior.

Concealed Carry License

The Oklahoma State Bureau of Investigation (“OSBI”) is authorized to issue a Concealed Carry License (“CCL”).

To apply for a concealed carry license a person must be a U.S. citizen, an Oklahoma resident, 21 years old, have completed a firearms safety and training course and submit all necessary forms and fees.

Disqualifications for eligibility for a CCL are:

  • Any felony conviction or adjudication as a delinquent.Adjudication as a mentally incompetent person; any involuntary commitment for mental illness, condition, or disorder.
  •  Any false or misleading statement on the application for a handgun license.
  • Conviction of any of the following misdemeanor offenses in any state: assault and battery causing serious physical injury, aggravated assault and battery, or a second assault and battery conviction, stalking, a violation relating to a protection from domestic abuse law, illegal drug use or possession.
  •  Any attempted suicide or other condition relating to or indicating mental instability.
  •  Current treatment for a mental illness.
  •  Habitual misdemeanor criminal activity.
  •  An outstanding felony warrant.
  •  The following are disqualifications for a period of three years:
  • Subject to the provisions of a deferred sentence or deferred prosecution for a felony offense. Treatment for a mental illness, condition or disorder which required medication or supervision.
  • Inpatient treatment for substance abuse.
  • Two or more convictions of public intoxication.
  •  Two or more misdemeanor convictions relating to intoxication or driving under the influence.
  • Arrest for an alleged commission of, a charge pending for, or subject to the provisions of a deferred sentence or deferred prosecution for any one or more of the following misdemeanor offenses:
  • Any assault and battery which caused serious physical injury. Any second or subsequent assault and battery.
  • Any aggravated assault and battery, stalking, any violation of a protection from domestic abuse law.
  • Any violation relating to illegal drug use or possession.
  • A felony charge pending disqualifies until the final determination of the matter.
    •  Any victim protection order disqualifies for three years from the date of entry of the order or sixty days from the date an order was vacated, canceled, or withdrawn
    • A delinquent or felon residing in the residence of the applicant disqualifies for thirty days from the date the person no longer resides with the applicant.

    Concealed Carry License Applications

    • Applications are available from the county sheriff or by mail from the OSBI.The application must be made under oath and signed in person before the sheriff of the county where applicant resides.
    •  The non-refundable fee of $100.00, two passport size photographs, and the original certificate of training or exemption certificate must also be submitted.
    • Applicant must show a valid photo ID.
    • The sheriff will take two complete sets of fingerprints, charging the applicant no more than $25.00. The sheriff will make a preliminary investigation and submit the application with any relevant information to the OSBI within 14 days.
    • The OSBI will conduct a state and federal criminal background search, a federal fingerprint search, and any other relevant checks before issuing or denying the CCL within 90 days of receipt of the application.
    •  Any denial may be appealed within 60 days. Licensees’ application materials remain available to law enforcement personnel for law enforcement purposed only.
    •  The safety and training course must be reasonably able to be completed in eight hours and cost no more than $60.00.
    • Authorization for one or more type of pistol (derringer, revolver, or semiautomatic pistol) requires training and demonstration of competency under an approved firearms instructor.
    • Any applicant who trains with a semiautomatic may also be approved, upon request, for revolver and derringer, but qualification with revolver or derringer requires separate qualification for semiautomatic firearms.
    • The firearm instructor shall refuse to train or qualify any person whose handgun presented is deemed unsafe or not a gun authorized under the law. It is prohibited to carry any concealed handgun larger than .45 caliber.

    The CCL is valid for 5 years. The CCL may be renewed within 90 days of expiring by submitting a renewal application, two recent passport-sized photos, and $85.00 to the OSBI.If license is missing, lost, stolen, or destroyed, the licensee shall notify the OSBI within 30 days and will not have authority to carry a concealed handgun until the CCL is replaced.

    There is a $15.00 replacement fee.

    Whenever carrying a concealed handgun, the licensee must also carry the CCL and a valid Oklahoma driver’s license or other identification.

    A licensee must inform a police officer that the licensee is in actual possession of a concealed handgun when the licensee first comes into contact with any law enforcement officer during the course of any arrest, detention or routine traffic stop.

    It is unlawful for any person having a CCL to carry a concealed handgun into any:

    • Government building.Meeting of any elected or appointed government officials.
    • Prison or detention center.
    • Elementary, secondary, or vocational-technical school property.
    •  Sports arena during a professional sporting event.
    •  Any place where pari-mutuel wagering is authorized.
    •  College or university property.
    • Any other place specifically prohibited by law.
    •  Except for any elementary, secondary, or vocational-technical school property, these prohibitions do not apply to parking lots.

    The State of Oklahoma recognizes any valid concealed carry weapons permit or license issued by another state.


    Oklahoma statutes are silent on antique and replica firearms. They are treated as ordinary firearms for possession and carrying purposes. Machine Guns

    It is unlawful to possess, purchase, or sell a machine gun, except in compliance with all federal laws and regulations. It is unlawful to possess a sawed-off shotgun or rifle without a federal license. Miscellaneous

    • Oklahoma law preempts the entire field of legislation relating to firearms, components, ammunition, and supplies.There are some exceptions to this preemption, including municipal law relating to discharge of firearms, confiscation of property used unlawfully, and certain penalty provisions.
    •  Municipalities may also issue traffic tickets for the improper transport of firearms.
    • Oklahoma law preempts lawsuits against gun manufacturers for damages arising from the lawful sale, marketing, design, or manufacture of any firearm, and finds that those activities are not unreasonably dangerous and do not constitute a nuisance.
    •  Except for an act of self-defense, it is unlawful to point any firearm, whether loaded or not, at any other person.
    •  Any person issued a CCL who knowingly or intentionally allows a felon or delinquent to possess or control any pistol shall be guilty of a felony.
    • It is unlawful to transport or discharge a shotgun, rifle, or pistol from a boat under sail, except for the purposes of hunting animals or fowl.
    • It is unlawful to willingly or maliciously disturb the peace and quiet by shooting or brandishing a firearm.
    • It is a felony to fire a firearm at or into a residence, or a public or commercial building.
    •  No persons may shoot game while riding in or on any motor driven land, air, or water conveyance, except a non-ambulatory person may hunt from such with written permission of the Oklahoma Wildlife Conservation Director.
    • No person may hunt, pursue game or use firearms within 440 yards of a church, schoolhouse, or other public place where people may assemble, so as to disturb such assemblage.
    •  No person may shoot at wildlife from or across a public road or highway, or railroad right of way.
    •  It is unlawful to manufacture, sell, or possess, carry upon the person, use or attempt to use against another person anybullet, round or elongated missile with a core of less than 60 percent lead and having a fluorocarbon coating which is designed to travel at a high velocity and is capable of penetrating body armor.
    • Sources: Oklahoma Statutes, Title 21, Title 29


Posted in Business Law, Conceal Carry, Constitutional Rights, Criminal Defense, Family Law, Federal Criminal Charges, Federal Drug Trafficking, Oil and Gas Law, OKC Criminal Defense, Oklahoma City Zoning Disputes, Personal Injury, Probate, Real Estate Law, The Reasonable Dr. Ross M. Lence | Tagged , , , , , , , , , , | Leave a comment

Oklahoma Criminal Defense Reduces DUI Penalties and Costs in Death and Manslaughter Cases

I am always struck by the constant drumbeat of the legislature for the tightening of laws regulating drinking and driving in Oklahoma.  It is easy to get the impression that the State Legislature has nothing to do but to increase the punishment for drinking alcohol and then driving in a car.  I don’t want to be labeled as an anarchist, however, there appears to be little correlation between the severity of the DUI laws and the dramatic reduction of alcohol related auto accidents resulting in death.

After practicing in the field of DUI Defense for over 30 years it has come to my attention the vast amount of damage occasioned by people who drink and drive.  I cannot say that drinking causes accidents, however, a lot of drinkers who drive get involved in accidents.  The present state of the law is a result of an illogical construct: i.e. that severe penalties for drinking and driving create a safer environment for non drinking drivers.  For example, in statistics between 1995 and 2008 see the abbreviated table below.  The statistics were obtained from the Center for Disease Control and figures published by the FBI Bureau of Statistics.


  • 21,219 arrested in Oklahoma for drunk driving / DUI (Driving under the Influence)
  • 192 fatal accidents in Oklahoma where at least one driver had a BAC of 0.08% or above
  • 213 people were killed in Oklahoma in accidents where at least one driver had a BAC of 0.08% or above
  • 28 people were killed in Oklahoma in accidents where at least one driver had a BAC between 0.01% and 0.07%


  • 241 total deaths caused in Oklahoma where at least one driver had a BAC of 0.01% or above


  • 1996:


  • 21,658 arrested in Oklahoma for drunk driving / DUI (Driving under the Influence)


  • 201 fatal accidents in Oklahoma where at least one driver had a BAC of 0.08% or above


  • 229 people were killed in Oklahoma in accidents where at least one driver had a BAC of 0.08% or above 


  • 45 people were killed in Oklahoma in accidents where at least one driver had a BAC between 0.01% and 0.07%


  • 274 total deaths caused in Oklahoma where at least one driver had a BAC of 0.01% or above


  • 20,390 arrested in Oklahoma for drunk driving / DUI (Driving under the Influence

223 fatal accidents in Oklahoma where at least one driver had a BAC of 0.08% or above 

  • 265 people were killed in Oklahoma in accidents where at least one driver had a BAC of 0.08% or above
  • 39 people were killed in Oklahoma in accidents where at least one driver had a BAC between 0.01% and 0.07%
  • 304 total deaths caused in Oklahoma where at least one driver had a BAC of 0.01% or above


  • 21,356 arrested in Oklahoma for drunk driving / DUI (Driving under the Influence)
  • 195 fatal accidents in Oklahoma where at least one driver had a BAC of 0.08% or above
  • 225 people were killed in Oklahoma in accidents where at least one driver had a BAC of 0.08% or above
  • 28 people were killed in Oklahoma in accidents where at least one driver had a BAC between 0.01% and 0.07%
  • 253 total deaths caused in Oklahoma where at least one driver had a BAC of 0.01% or above
  • 2008
    • Official statistics for people people arrested for drunk driving / DUI (Driving under the Influence) in Oklahoma not yet known
    • 212 fatal accidents in Oklahoma where at least one driver had a BAC of 0.08% or above
    • 244 people were killed in Oklahoma in accidents where at least one driver had a BAC of 0.08% or above
    • 29 people were killed in Oklahoma in accidents where at least one driver had a BAC between 0.01% and 0.07%
    • 274 total deaths caused in Oklahoma where at least one driver had a BAC of 0.01% or above
    • I purposely skipped the statistics between 1998 and 2008 because they were significantly similar.  Though the DUI laws increased in severity, fines got higher, court costs rose dramatically and rehabilitation requirements by the State of Oklahoma became draconian.
  • Thus, it seems that harsher penalties for DUI, higher mandatory sentences, greater fines, more law enforcement, do not translate into significantly fewer traffic accidents, deaths or arrests for DUI in Oklahoma. Car wrecks are a risk of driving, here is a URL of auto wrecks in Europe that may or may not have a DUI component, you decide.
  • http://www.youtube.com/watch?v=s-oUGzV32Dc.
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