An arrest for driving under the influence (DUI) or driving while impaired (DWI) in Oklahoma could have a devastating impact on your life. You could face time in jail, steep fines, the loss of your driver’s license and many other consequences. This is why you need to act quickly and get help from a lawyer who will aggressively defend you and make sure the justice system treats you fairly at every turn.
The criminal defense attorneys of Cain Law Office know what is at stake for you. For more than 20 years, we have helped people throughout Oklahoma to confront DUI and DWI charges and fight for their futures. Our law firm is small enough to give you the personal attention you deserve. At the same time, we have the experience and resources it takes to craft and carry out a solid, smart defense strategy for you.
Don’t wait to fight your DUI or DWI charge. Contact us today through our offices in Oklahoma City or Edmond. We’ll get to work for you right away.
What’s the Difference Between a DUI and DWI in Oklahoma?
In some states, people use the terms DUI and DWI interchangeably. However, in Oklahoma, they are two different offenses:
- Driving Under the Influence (DUI) – A person can be charged with this offense in Oklahoma if he or she is age 21 or older and is found to have a blood alcohol concentration (BAC) of 0.08 or higher. People sometimes refer to DUI as a “per se” offense. If a person’s BAC is above the limit, the person is presumed to be in violation of the law. A person can also receive a DUI charge for being under the influence of drugs or a combination of drugs and alcohol. If your BAC is 0.15 or higher, you can face an aggravated DUI If you are a commercial driver, you could be charged with a DUI if you have a BAC as low as 0.04.
- Driving While Impaired (DWI) – A person may face a DWI charge if he or she has a BAC that is below the “per se” legal limit but still high enough that a police officer believes the person is impaired by alcohol or drugs. Typically, a person receives a DWI charge when his or her BAC is between 0.06 or 0.07.
It is important to note that Oklahoma takes a “zero tolerance” approach to underage drinking and driving. So, if you are under age 21, you can face an underage DUI charge if you have even a slight amount of alcohol in your system (BAC of 0.02 or higher).
Additionally, under Oklahoma law, you can face a drunk driving charge even if you are not operating your vehicle. The police can hit you with an actual physical control (APC) charge if you are accused of being legally impaired by the use of alcohol and/or drugs and simply have the ability to operate your vehicle. For instance, the police catch you sleeping at the wheel of your parked car. This offense is often referred to as a “non-driving DUI.”
The penalties for DUI, DWI and APC in Oklahoma depend on many different factors, including the type of offense, level of alleged impairment and whether you have any prior alcohol-related driving offenses on your record that can be used against you. Those penalties can include fines, jail, mandatory substance abuse assessment and treatment, community service and attendance at a Victim Impact Panel. You could also be required to have an ignition interlock device installed in your vehicle, or you could lose your driving privileges altogether.
How an Experienced Oklahoma DUI Defense Attorney Can Help You
Our Oklahoma City DUI/DWI defense lawyers at Cain Law Office will protect your rights. Your future will always be our top priority. Here are just a few of the ways we can serve you as we move forward together on your defense:
We will thoroughly review your case. Sometimes, prosecutors will bring a DUI, DWI or APC case with limited evidence, or the evidence may be tainted. We will review the evidence in your case and identify all possible weaknesses.
Explore all of your defenses. With years of experience as DUI/DWI defense attorneys, we know how to attack problems in the prosecution’s case. For instance, your case may involve:
- An unlawful stop
- A botched breath or blood test procedure
- Police misconduct
- Other issues that could prompt a court to throw out the prosecution’s evidence and/or dismiss the charge(s) against you.
Look for alternatives to jail. Even if you choose to plead guilty, you may have many options available to you which can help you to avoid incarceration. For instance, Oklahoma City offers a drug and alcohol treatment court, which can be an option for some clients.
Take your case to trial. Depending on the facts of your case and your own wishes, we can fight your charges by taking your case to trial. A highly skilled criminal defense attorney from Cain Law Office will know how to challenge the prosecution’s witnesses and other evidence.
Post-trial appeals and sentencing. Even if you are convicted, we will aggressively fight for a reduced sentence and, where appropriate, we can help you to pursue an appeal.
Implied Consent Offenses in Oklahoma
Oklahoma, like most states, has an implied consent law. Under this law, by virtue of driving in the state, you give your advance consent to blood alcohol testing. So, if you refuse to submit to testing upon your arrest, your driving privileges can be revoked. If an officer gives you a notice of revocation, you have just 15 days to request an administrative hearing with the Oklahoma Department of Public Safety. Keep in mind: This administrative case is separate and distinct from any criminal charge(s) you face.
Cain Law Office can represent you in an administrative hearing on your license revocation. Many times, we can successfully argue that a refusal never occurred and help our clients to keep their license.
Contact Our Oklahoma DUI/DWI Lawyers
You should never take a DUI, DWI or APC charge lightly in Oklahoma. Your future could be in jeopardy. If you are arrested and charged with an alcohol- or drug-related driving offense in Oklahoma City, Edmond or surrounding areas, don’t take chances. Contact Cain Law Office immediately to get the experienced legal help you need.