Oklahoma DUI Defenses

In Oklahoma, drinking then getting behind the wheel of a motor vehicle can lead to serious consequences. You can be criminally liable under four different Oklahoma statutes, and face civil liability as well.  With the assistance of one of our experienced Tulsa DUI Attorneys, however, you can mount a successful defense to a alcohol related crimes.

Driving Under the Influence:

 The crime of driving under the influence of alcohol in Oklahoma is set out in 47 O.S.§ 11-902.  Under this provision, an individual can be convicted of a DUI if he or she drives a motor vehicle on public roads, streets, highways, turnpikes, or other public places, or upon any private street, road, alley, or lane which provides access to a single or multi-family dwelling, and:

• Has a blood or breath alcohol concentration of .08 or more at the time of testing or up to two hours after arrest;
• Is under the influence of alcohol;
• Under the influence of any intoxicating substance that may render a person incapable of safe driving;
• Is under the influence of alcohol and an intoxicating substance that may render a person incapable of safe driving.

Punishment for Oklahoma DUI:

 A first offense DUI is a misdemeanor.  It is punishable up to one year in jail and at least 10 days in jail.  It also includes a fine of up to $1,000.  You also face additional court costs, driver’s license suspension, and possible electronic monitoring or use of an interlock device.  Upon conviction for a subsequent DUI, you can face felony charges.

Defenses Against a Charge of Oklahoma DUI:

Due to the serious consequences of a DUI conviction, act quickly to secure the representation of Tulsa DUI Attorneys.  The following is a list of just a few possible effective defenses against a charge of DUI.  Your defense attorney can provide further insight into the best defense for your case.

• The arresting officer(s) did not follow proper procedures: An Oklahoma drunk driving investigation should by law be safeguarded by a vast number of procedures that an officer must follow in order to convict you of DUI. These range from the initial finding of probable cause that is necessary before the officer can stop your vehicle, to reading your Miranda rights prior to questioning you. Knowledgeable Tulsa DUI attorneys will review the entire circumstance of your arrest.  We will raise any procedural challenges which could require dismissal of the charge.
• Attacking the alleged driving pattern: When prosecuting an Oklahoma DUI case, one of the first things a prosecutor will focus on is your driving pattern, attempting to elicit testimony from the arresting officer that your driving was consistent with someone who was under the influence. An effective defense can include attacking the alleged driving pattern.  This can occur by eliciting testimony as to all the ways you drove properly and safely.  In addition, you can point out the many driving infractions committed by sober people.
• Challenging the Breathalyzer or blood test evidence: Your experienced DUI defense attorney can challenge the administration of or the actual results of the Breathalyzer or blood test. Officers must comply with a variety of procedures in obtaining the Breathalyzer and blood test evidence. Further, the maintenance of the testing instruments and the collection, handling, and storage of the tests can all lead to inaccurate results. A successful challenge on these grounds can result in suppression of the evidence against you and acquittal from the charges.

Tulsa DUI Attorneys Protecting Your Rights:

If you’re facing DUI charges in Oklahoma, the DUI Attorneys at Kania Law Office can help.  Get out ahead of your charges by mounting an immediate defense. Call our Tulsa office to schedule a free consultation to discuss your DUI defense options.