DUI & Drugs

dui-drug-law

First DUI Offense

A 1st-Offense DUI is filed as a misdemeanor charge in the District Court of the county where you were arrested.  Misdemeanor DUI usually carries a fine of up to $1,000 and possible jail time between 10 days and one year.  Sometimes, prosecutors offer plea agreements to first time offenders that may defer judgment or suspend sentencing and require no jail time. Our firm can assist you and handle any other legal issues which may arise.

Subsequent or Felony DUI

A person may be charged with Felony DUI, if you have been convicted of a DUI within 10 years of your new DUI charge.  Felony  DUI may carry a fine as high as $7,500 and a possible jail sentence of a minimum one year in the county jail and a potential twenty years in the state penitentiary (imposing a twenty-year sentence depends on how many prior DUI convictions you have had in the 10 years preceding your new charge).

Aggravated DUI

If a person’s Blood/Breath Alcohol Concentration (BAC) is .15 or higher, then you may be charged with Aggravated DUI and may face stricter penalties.  Oklahoma law mandates that anyone convicted of Aggravated DUI must complete a 28 day, in-patent Drug and Alcohol treatment.

DUI Accident

If a person has a motor vehicle accident while driving under the influence and the accident results in “great bodily injury,” then the State can charge the DUI felony offense even if you do not have any prior DUI convictions.  Felony DUI may carry a fine as high as $7,500 and a possible jail sentence of a minimum one year in the county jail and a potential 20 years in the state penitentiary (imposing a twenty-year sentence depends on how many prior DUI convictions you have had in the 10 years preceding your new charge).

Driving While Impaired

A person may be charged with DWI if your test results show a BAC of .06 to .07.

The penalty for DWI is a fine of not more than $500 and up to 6 months in the county jail.

Actual Physical Control (APC)

A criminal charge of APC carries the same penalties as a DUI.  The major difference between DUI and APC, is that DUI requires actual operation of the motor vehicle.  You can be charged with APC for being intoxicated and being inside your vehicle with the actual physical ability to operate it.

Remember…… that anyone convicted of a felony is prohibited from voting and from owning/possessing a firearm.  This includes Felony DUI.

Driver’s License Suspension and the Interlock Device

In addition to the criminal penalties associated with a DUI case, the Oklahoma Department of Public Safety (DPS) will automatically and independently initiate a civil action against you to revoke and/or suspend your driving privileges.  Revocation and/or suspension of your driving privileges may be contested and possibly prevented by requesting an administrative hearing with DPS within 15 days of your arrest (or within 15 days of receiving results of a blood-test showing intoxication).

If a person refuses to take the breath-test or if your BAC was .15 or higher, then the Oklahoma Department of Public Safety may suspend your driver’s license for 6 months and require that you install an interlock device in your vehicle for an 18 month period following the suspension.  This 18 months period is not a “waiting period.”  Oklahoma drivers who are sentenced to this 18 month period must comply with the interlock mandate for any 18 month period after the 6 month suspension before that driver’s license may be reinstated.  This means that 18 months of interlock compliance must be fulfilled before the driver is able to apply for reinstatement.

Don’t delay in securing experienced representation for your legal matter. Call our firm today 405-843-8686 or online donherringlaw.com to schedule an in-person or over the phone appointment with a member of our team.

Drug charges include drug possession, drug possession with intent to distribute, drug possession with intent to sell, drug transportation, drug manufacturing, or drug cultivation. If you or a loved one has been arrested on drug charges severe penalties may ensue. A criminal defense attorney from the Don Herring Law Firm will be there to provide you with aggressive and effective representation from the moment we take on your case.

Drug cases are increasing, and they are often difficult to defend for many other law firms. We know the laws surrounding these drug charges and will thoroughly review and analyze the case against you. Many times the police act illegally, operating without warrants and with disregard for your constitutional rights. If an illegal search and seizure was committed we will do everything possible to get your case thrown out of court. Law enforcement may commit entrapment or perform illegal surveillance which may be in violation of your right to privacy.

Our drug defense attorneys fight aggressively to have any drug charge dismissed or reduced. We fight to get our clients a rehabilitation oriented sentence such as A.A. or N.A. meetings, probation or community service.

Below are the drug cases we handle most often. Even if your particular charge isn’t listed, we can help. You can trust us to spend all the time and effort necessary to defend your rights, because protecting your freedom is what we do.

Drug Possession

Drug Transportation

Drug Distribution

Drug Cultivation

Drug Manufacturing

Drug Sales

All Other Drug Crimes

There are many drug-related offenses not listed above, so please consult with us immediately.