At Fassio Law, our Oklahoma City DUI defense attorneys provide comprehensive, reliable, and solutions-focused legal representation to good people facing difficult criminal cases. A DUI arrest can lead to either felony or misdemeanor charges. Make sure you make the right choice in hiring an attorney to represent you. For a fully confidential, no obligation, case assessment with a member of our Oklahoma DUI defense team, please do not hesitate to contact our Oklahoma City law office today.
It is unlawful to operate a motor vehicle while impaired in Oklahoma City. Under Oklahoma law (47 OK Stat § 47-11-902), a person can be arrested and charged with a DUI (driving under the influence) if they are driving, or in actual physical control, of a motor vehicle and:
While many people use the terms DUI and DWI interchangeably, they refer to different criminal acts in Oklahoma. DUI is often referred to as DUI per se, which means that if a person is at the BAC limit, they are considered impaired by a matter of law. In most cases, this BAC is 0.08% or higher, though there are different limits for commercial drivers and drivers under age 21. Even if the driver was driving safely, they are guilty of this offense at this level or while under the influence of drugs.
In contrast, DWI, or driving while impaired, can be charged when a police officer suspects a person is impaired by drugs or alcohol even when they test below 0.08%.
Oklahoma also has an offense called actual physical control of a motor vehicle that allows a person to be charged with a DUI even if they are not operating a motor vehicle. For example, a person can be charged with this offense if they fall asleep in a parked car while intoxicated.
Oklahoma also has a zero-tolerance law for drivers under age 21. If these individuals have even a slight amount of alcohol in their system with a BAC of 0.02% or above, they can be charged with an underage DUI.
When you are arrested for DUI, you will have two separate legal issues:
Do not go it alone. Make sure you have a qualified, experienced DUI defense lawyer on your side.
What are the penalties that you will face for a DUI in Oklahoma? They can vary depending on several different factors. That being said, a key issue is your prior history of DUIs—or, alternatively, your clean record. (Actual Physical Control APC penalties are the same as DUI penalties.) Here is an overview of Oklahoma’s DUI penalties:
In most situations, when you are arrested for DUI, you only have a couple of weeks to take action with DPS (The Department of Public Safety) and Service Oklahoma to attempt to keep your driving privileges. Oklahoma enforces Administrative License Suspensions (ALS) for DUI cases, which can result in immediate (or within a matter of days) license suspension prior to any court proceedings. Understanding these laws is crucial for anyone facing DUI charges or seeking to avoid such consequences. An experienced Oklahoma City DUI defense lawyer can help you to preserve your right to drive.
The full range of DUI and APC penalties may include:
Additionally, your personal and professional reputation may be damaged. When facing such penalties, you need a skilled criminal defense lawyer who can provide quality legal representation and fight tirelessly to protect your rights.
Read Charlie's story below, and then see how the OKC DUI Defense Attorneys at Fassio Law can help defend you against a DUI Charge.
He couldn't believe that this one mistake now had him on the verge of losing everything. Charlie had always liked to go out and have a few drinks to relax or watch the football game. But he usually made sure he had a designated driver or called an Uber, plus he knew himself and his limits well enough to know when he'd be okay to drive.
But one night, he got carried away. He didn't handle things in the responsible way that he usually did. You never would have thought this about him. Charlie was a respected Banker, a father, and he had a great marriage. He didn't drink to excess routinely. He just liked to have a little fun, to relax and unwind. But this night was different. Tonight his suit and tie and his Armani glasses, and the fact that he was so well-respected at his job, that wasn't going to help.
He had a fight with his wife. Every marriage has its difficulties, but this one was really bad. What's crazy is, now he couldn't even remember what the fight was about, this fight that started the night spinning out of control and leading to him drinking too much, trying to drive home, and getting arrested.
And he couldn't even remember what it was about.
So when the fight really heated up, he knew he just wanted a drink. He wanted to get out of the house, get some space, have a few drinks to relax, unwind, and decompress from the tension of this fight.
He and Shannon could talk about it later and work it all out, but for now he just needed some space. Seemed like a solid enough plan. But once he got to the bar and started to let go, he drank too much.
He was still in a pretty emotional state, then you add in a few beers, maybe a glass or two of scotch, on an empty stomach, and he wasn't in the right frame of mind. He checked to see if he could get an Uber, but the closest one was 45 minutes away.
He was tired. He just wanted to get home, put this fight with his wife behind him, and go to bed. It seemed like such a simple solution at the time, little did he know that it was going to end up putting him on the brink of losing everything. He started to drive home, he felt fine, and when he was only a few miles away, he felt that sinking feeling in the pit of his stomach as he saw the red and blue lights in his rear-view mirror.
Maybe you can relate to Charlie and how he felt that night. That feeling of something so small spiraling out of control and now wondering every minute what was going to happen.
Would his wife leave him, things were already not great?
Was he going to lose his job, even though he had just recently gotten a promotion?
What would his kids think?
Was he going to lose his driver’s license?
And he couldn't even bring himself to think about the possibility that he might go to jail.
All Charlie knew was that he was willing to do anything necessary to fix this, to find a solution, and start climbing out of this hole, to stop digging and make it better.
If you're in a situation like this, where you've been arrested for DUI, you've got way too much to lose to risk not handling this in the best possible way, with the best attorney to help you. If you're willing to do what it takes.
If this describes you, then you're exactly the kind of client that we want to work with.
Contact us today. Let's stop digging and start finding Solutions! You've got too much at stake to put it off any longer.
Being arrested for DUI can be a stressful experience. It may be helpful to know what to expect during this process. Typically, if you’re arrested in Oklahoma City and/or Oklahoma County for DUI, you are taken to the Oklahoma City, Oklahoma County jail. You will be given a bond per the sheriff’s bond schedule. To be released, you can take any of the following actions:
After the initial arrest, the legal process will generally follow these steps:
An experienced criminal defense lawyer from Fassio Law can assist you during these stressful times. We provide dedicated legal services throughout the entire process. Contact us to begin mounting your defense.
Just because you are charged with DUI does not mean you will be convicted of these criminal charges. At Fassio Law, we focus on providing criminal defense to people who are not criminals, because we believe that being charged with a crime does not necessarily make you a criminal - you are more than that.
Depending on the circumstances of your case, our criminal defense firm may be able to argue one of the following potential defenses:
In addition to looking for plausible defenses to fight for your acquittal or a dismissal of your charges, your lawyer will also look for alternatives to jail. You may be able to participate in alcohol and drug treatment court to minimize the effect of a DUI conviction on your life.
Oklahoma has an "implied consent" law in which every licensed driver has given advance consent to breath or blood alcohol testing if they are subject to a valid DUI stop. If you refuse a blood or breath test during a stop, you will automatically lose your license for six months or more under Oklahoma law.
Additionally, the refusal may be used against you in your criminal case.
After you are arrested for DUI, you will have a limited time to seek to retain your driver’s license privileges, or to file a District Court appeal to fight the revocation and request a contested hearing before facing license revocation, so you must act quickly. This is an administrative hearing that is separate from your criminal case. You have only a short period of time to file this appeal and request an administrative hearing.
An experienced criminal defense lawyer can explain your legal options and advise you on the best route to take to protect your driving privileges.
Not having the right legal representation can significantly impact your case. It could result in a conviction when a more experienced DUI defense lawyer might be able to help you avoid one. You could also lose your driving privilege if your lawyer does not take prompt or appropriate action, which can affect your livelihood and freedom. Fassio Law is a justice-driven law firm. We help individuals facing challenging situations. Call us today to learn what it’s like to work with a caring legal team dedicated to protecting your legal rights.
If you have recently been charged with the crime of DUI, APC, or DWI then not having the right representation in your case could mean time spent in prison, and the loss of your license for an extended period of time. Looking for a top-rated DUI defense attorney, DWI defense attorney in the Oklahoma City area? You have come to the right place. At Fassio Law, we are a justice-driven law firm that helps good people navigate challenging legal situations. It is our goal to protect your license, freedom, and future. Among other things, our Oklahoma City DUI defense lawyers are prepared to:
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At Fassio Law, our Oklahoma City DUI defense lawyers can help you through the Criminal Justice System and make sure you get the best possible result in your DUI, APC, or DWI case. Call us at (866) 606-8479 or contact us through our website for a fully confidential, no obligation case assessment. From our Oklahoma City law office, we serve communities throughout the wider region, including in Oklahoma County. Canadian County, and Cleveland County.
or Driving While Intoxicated (DWI) or Actual Physical Control (APC)
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