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 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.
Oklahoma law 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 DUI is always prosecuted as a misdemeanor. A DWI, in contrast, may be charged as a felony under certain conditions.
DUI requires the state to prove that a person drove, operated, or maintained physical control over a vehicle while meeting any of the following 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 of DWI. The state must produce additional evidence that the defendant's ability to safely operate a motor vehicle was affected by alcohol to the extent it placed the public at risk or caused the defendant to violate another traffic law.
Depending on the specific facts of your case, there may be a number of options for challenging a 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 fight the charges in court. Contact Fassio Law today at (405) 593-8444 to schedule a case evaluation with a member of our staff.