A drunk driving charge can happen to anybody. It is easy to lose track of how many drinks you have had and get behind the wheel. However, the consequences of this offense in Oklahoma can be huge. Depending on the circumstances, your license could be suspended or even revoked. Not only that, but you may face fines of up to $5,000 and a jail sentence of up to 10 years. These penalties will affect not only your life but also the lives of your family and loved ones. You need a lawyer who knows how to get things done for you.
Contact the office of Josh Lee & Associates’ DUI attorneys in Oklahoma City today to learn how we can help you. From defending you against criminal DUI charges to working to keep your driving privileges intact at the DPS hearing, our experienced Oklahoma City criminal defense attorneys can help with every aspect of your case. Call us today for a free case review.
Why Choose Us?
There are many aspects to a DUI case, and you are likely overwhelmed and worried about the consequences. Josh Lee & Associates has the experience you need on your side to successfully defend DUI charges. Our founding attorney, Joshua A. Lee, has over 20 years of experience in this area of the law. In fact, he has received national recognition for his work in DUI defense from the National Advocacy for DUI Defense, LLC and the American Association of Attorneys. Our team will give you the personal attention you deserve when going through this process, and you will always have direct access to your attorney. We will handle every aspect of your DUI case, and we will use our extensive experience to put together the best defense strategy for you. Give our Oklahoma City DUI lawyers a call today to learn how we can help you.
A Strong DUI Defense Is The Key To Success
At Josh Lee & Associates, we offer extremely experienced DUI defense against charges like:
- Driving with a blood alcohol content (BAC) above the legal limit of .08 percent. If your BAC is significantly above the legal limit, you may be facing a felony DUI.
- Aggravated DUI. You may face an aggravated DUI charge if you commit another infraction, like speeding, while driving under the influence.
- Felony DUI. This is the most serious type of DUI charge. You may face a felony DUI if your impaired driving is combined with another serious factor such as injury of another party due to your actions.
Our lead attorney, Josh Lee, has been representing clients facing DUI charges for most of his career. Our attorneys know what to do to get you the right outcome for your case. That can mean reducing charges or even getting them dismissed. We will be with you every step of the way, from the hearing at the Department of Motor Vehicles (DMV) until the resolution of your case.
There are several defenses to a DUI charge. Perhaps the testing equipment was faulty or the police officer who stopped you made a procedural mistake. Having a seasoned DUI defense lawyer on your side can be crucial to identifying gaps like this and potentially offering alternative sentences like substance abuse treatment.
DUI Laws In Oklahoma
Oklahoma takes a strict stance on driving under the influence. You can face criminal charges if you’re behind the wheel while impaired by any substance – such as alcohol, THC or even certain prescription or over-the-counter medications – that prevents you from driving safely. It’s also illegal to drive with a blood alcohol content of .08 or higher.
The DUI laws in Oklahoma list the elements required for a DUI arrest. According to the law, DUI charges are appropriate when the defendant is driving or operating a vehicle on a public road or private street with access to at least one residence, has a blood or breath alcohol concentration of 0.08% or higher, or is under the influence of alcohol or another substance (Okla. Stat. tit. 47 § 11-902). Conviction for a first offense is a misdemeanor, and the defendant will receive the following penalties:
- Jail time of at least 10 days and up to 1 year
- Fines of up to $1,000
- Mandatory participation in drug and alcohol abuse assessment program
Subsequent convictions result in harsher penalties, including up to 20 years in jail, $10,000 in fines, and 480 hours of community service. An experienced DUI defense attorney can help put together the best defense for your case to get you the best possible outcome.
What Is The Legal Process For A DUI In Oklahoma?
The legal process for a DUI begins the moment you see those red and blue lights flashing behind you. If the officer suspects you’re driving under the influence, they may have grounds to arrest you. Following your arrest, you’ll be given a court date for your initial appearance. The court process involves arraignment, pre-trial motions, plea negotiations, and possibly a trial. The process is complicated, and it’s critical to have a knowledgeable lawyer by your side at every stage. Our lawyers can work diligently to defend you.
Remember that you have a legal right to refuse to take a breath test after being stopped for suspicion of DUI. In some situations, this might be the best choice. However, you should also know that refusing to take a breath test will result in an immediate and automatic suspension of your license. You may, however, still request a DPS hearing to try and save your driving privileges by challenging or appealing the suspension.
The Basics Of A DPS Hearing
If you have been arrested for a DUI, you have 15 days to request a DPS hearing in order to try and retain your driving privileges. Challenging your license suspension is always a good idea for a couple of reasons. First, you may be able to retain your license and driving privileges while your criminal case is ongoing. Next, it allows your attorney to hear the evidence against you and better prepare a defense for the criminal charges.
The state has the burden of proof at the DPS hearing; however, that burden does not rise to the “beyond a reasonable doubt” standard. They simply must prove that their claims are more likely than not to be true. The state may be required to prove that there was reasonable suspicion to initiate the traffic stop, that you had a breath or a blood alcohol concentration of 0.08% or higher, or that you refused to take a breath test and were advised of the legal consequences of doing so.
There are a couple of things to keep in mind about the DPS hearing process. You should know that it is possible to win your DPS hearing but still lose your license if you are convicted of criminal DUI charges. Similarly, you could be acquitted of your DUI charges, but still lose your license for some period of time because you either lost your DPS hearing or did not request one at all. Having an experienced DPS hearing attorney on your side can increase your odds of being successful at your DPS hearing as well as with the criminal charges against you.
The Criminal Penalties And Costs Of A DUI Conviction
Oklahoma law has harsh penalties for DUIs. For first-time offenders, these penalties may include fines, automatic license suspension, and even jail time. Repeat offenders face harsher consequences, including longer jail sentences, higher fines, and more extended license suspensions. If someone is injured or killed as a result of a DUI, the stakes are even higher, with the possibility of felony charges and severe penalties.
The Lasting Impact Of A DUI Conviction
Beyond just the criminal consequences such as fines and jail time, a DUI conviction can have a far-reaching impact on the rest of your life. It can affect your driver’s license, insurance rates, current job, and future employment. These consequences underscore the importance of addressing DUI charges with the seriousness they warrant.
DUI Charges And CDL Drivers
Commercial drivers depend on their ability to drive in order to earn a living. If they are unable to drive a commercial vehicle, they may have difficulty finding other employment and providing financially for themselves and their family. Unfortunately, a DUI conviction can have detrimental effects on your CDL license. You could lose your CDL license for as little as a year or potentially for life. If you have a CDL license and are facing DUI charges, you need an experienced attorney who knows how to defend your rights. Josh Lee & Associates has the experience you need on your side to help keep your driving privileges intact so that you can preserve your livelihood.
The Difference Between DUI & APC Charges
Most people are familiar with the elements of a DUI charge. However, you can suffer the same consequences as a DUI even if you were not physically driving your vehicle. APC, or actual physical control, charges are treated the same as a DUI in Oklahoma, including the penalties. The main difference between a DUI charge and an APC charge is whether or not the defendant was driving or operating the vehicle. To be arrested for an APC charge, you simply need to have control over the vehicle and the potential to drive it while under the influence.
For example, suppose you visit the local bar and have too many drinks to drive home. Instead, you decide to head to your car and sleep until you have the ability to drive home. If you are inside your vehicle with the keys in your pocket and are intoxicated, you could be hit with an APC charge. A conviction for these charges would result in jail time of at least 10 days and up to one year, fines of up to $1,000, mandatory completion of a substance abuse program, and a license suspension of 180 days (Okla. Stat. tit. 47 § 11-902).
How Our Oklahoma City DUI Lawyers Can Help
Having a knowledgeable DUI lawyer by your side can make a significant difference in the outcome of your case. Our attorneys will find every angle to avoid the harsh consequences of a conviction. We can review your case, conduct an investigation, challenge the evidence against you, and represent you in court.
We understand the stress and uncertainty a DUI charge brings and are ready to support you with a robust defense. We’ll explore every angle for fighting the charges, including the validity of the traffic stop as well as the validity and accuracy of the evidence against you. Our lawyers are skilled in plea negotiations. When warranted, we will aggressively negotiate to reduce or dismiss the charges. We can also fight for you at trial and in DMV hearings to protect your driver’s license. Every case is different, and we’ll tailor our defense strategy to your specific situation.
Contact Josh Lee & Associates for a Free Consultation
Our founding attorney has been recognized by the National Advocacy for DUI Defense, LLC, and the American Association of Attorneys for his work in DUI defense. You deserve the skill that he and his team can bring to your case. They will work on your behalf, being as aggressive as necessary to get you a favorable outcome. To arrange a first meeting, call our firm’s Oklahoma City office at (405) 759-5529 or send us an email.
