Even if you have never been in trouble with the law before, a drunk driving charge can seriously upend your life. Oklahoma police and prosecutors take DUI very seriously. And even a first offense can land a person in jail for up to one year. Let our Edmond DUI & criminal defense attorneys help you deal with any offenses you may be facing.
The Edmond DUI defense attorneys at Fassio Law can help if you have been arrested and charged with drunk driving. Our attorneys and staff can review your case, identify any potential mistakes made by the police during their investigation, and advise you on the best strategy for asserting your rights in court. Many DUI cases are resolved through a negotiated plea bargain as opposed to a trial. But you will be in a much better position to obtain a favorable agreement if you work with a DUI defense lawyer who understands the system and how to make it work for you. And if you decide that a jury trial is the right strategy for you, you will have an experienced criminal trial team on your side.
Oklahoma law, which governs Edmond DUIs, is a bit confusing in that it defines separate offenses of driving while impaired (DWI) and driving under the influence (DUI). Of the two, a DUI is the more serious charge. A DWI is a misdemeanor that carries a maximum penalty of six months in jail and a $500 fine. Critically, a DWI is always prosecuted as a misdemeanor. A DUI, in contrast, may be charged as a felony under certain conditions.
A DUI charge requires the state to prove that a person drove, operated, or maintained physical control over a vehicle while meeting any of the following criteria:
Click here to view a video (near the bottom of the page) where we discuss these DUI charge criteria.
In DWI cases, the state can cite a BAC of 0.05 and 0.08 percent as evidence of impairment. But BAC alone cannot be used to convict you of DWI or DUI. The state must produce additional evidence to establish that all of the factors for the charge are proven.
Depending on the specific facts of your case, there may be a number of options for challenging an Edmond DUI charge. For example, a police officer may not have lawfully initiated the traffic stop that led to your arrest. Or the state may not have properly administered the blood or breath test used to measure your BAC.
The important thing to remember is that you do not have to accept a DUI conviction without a fight. Our Edmond DUI defense lawyers can review your case and help you understand your options and fight the charges in court. Contact Fassio Law today at (405) 593-8444 to schedule a case evaluation with a member of our staff.