When Will You Go to Jail for a DUI?
If DUI is one of the most common crimes, you won’t end up in jail for it, right? That isn’t necessarily true. In this article we discuss all the different ways a DUI could result in jail time.
Can a DUI Get Dismissed?
Being charged with a DUI is not the same as a conviction. While it is uncommon for a DUI to get dismissed, here are some examples of when it can happen.
What to Expect if you get a DUI with the Cherokee Nation: Tribal DUIs v. State DUIs
With the recent McGirt ruling, your case could be transfered to a Cherokee Nation Court. Here's how that could happen and what it means for you.
What is a Suspended Sentence?
If you plead guilty to a crime, you may be offered a plea deal that involves a suspended sentence. What does this actually mean and how is it different from a deferred sentence?
What is a Deferred Sentence?
There are two types of probation offered in exchange for a plea of guilty: a deferred sentence and a suspended sentence. Here's what a deferred sentence is and what it means for you.
DUI In Rogers County
If you have been charged with a DUI in Rogers County, you probably have lots of questions. Here are your options and what your probation in Rogers County will probably look like.
What Justifies a Traffic Stop?
Were you pulled over for no reason? If so, the odds are tipped in your favor. Read what a stop without probable cause means for your case.
How does a blood draw work for a DUI?
Taking a breathalyzer test over a blood test could make all the difference. Here's why one test could leave you on the hook for criminal charges.
A DUI with a Child in the Car: How a Misdemeanor Can Turn into a Felony
Your first DUI is usually a misdemeanor, but that isn’t the case if you have a child in the car. A child’s presence can turn a misdemeanor DUI into a felony child endangerment.
DUI under 21: The Statute Most Prosecutors Ignore
In Oklahoma, if you get a DUI when you’re under the age of 21, you can be charged with either “DUI under 21” or a regular DUI depending on a number of factors.
Multiple DUI’s in Oklahoma
When you get multiple DUIs, the punishment for each subsequent DUI increases. Here's what you should know.
Public Intoxication In Oklahoma: Everything You Need to Know
Public intoxication encompasses far more than just being drunk in public. Know the law so you don’t end up spending the night in jail.
What Classes do you take when you get a DUI?
When you plead or are convicted of driving under the influence, you are required by Oklahoma Statute to take certain classes during your probation.
A DUI Without Driving: What is Actual Physical Control?
Did you know that you can get a DUI even if you aren’t driving? Actual physical control of a vehicle while intoxicated is a non-driving DUI.
DUI Checkpoint Alert in Tulsa County: Here’s What You Should Know
DUI checkpoints are planned in Tulsa County this New Years Eve. Before you find yourself at a DUI checkpoint, you need to know your rights and how to navigate certain questions you may be asked.
Is a DUI a Felony in Oklahoma?
Not every DUI is charged the same, even if two cases are identical. Some are charged as misdemeanors, and some are charged as felonies. So, what makes a DUI a felony? It’s more complicated than you might think.
Impaired or Not, Medical Marijuana Patients Risk DUI Every Day
On any given day, an estimated 1 in 10 Oklahomans are breaking the law when they drive to work or run errands. The reason? They legally consumed medical marijuana within the last month.
Open Container Laws in Oklahoma
With Oklahoma’s recent passage of to-go alcoholic beverages, many people question: does this violate open container laws? And what is the penalty to open container laws?
Do ridesharing apps decrease drunk driving? It's more complicated than you might think
There was a time, not so long ago, when people getting ready for a night out used to choose one person from among their group to be the designated driver, the person whose job it was to drive a group of friends to and from the bars and would thus forgo drinking for the evening.
Drowsy, distracted, drugged, or drunk: Which causes the most accidents?
Car accidents and fatalities are on the rise despite rising vehicle safety standards. The underlying reasons for these fatalities, however, have undergone significant changes over the years.
Hidden Costs: An Oklahoma DUI can send your insurance costs skyward for years
Your auto insurance rates probably aren’t at the top of your mind during a DUI arrest. But they certainly will be when you see just how much a conviction can increase your insurance costs.
The Ultimate Guide to Oklahoma’s New Impaired Driver Accountability Program (IDAP)
If you get a DUI, the State also begins taking steps to revoke your driving privileges. This process begins at the time of your DUI arrest or if you refuse a breath or blood test.
These common drugs could get you arrested for a DUI in Oklahoma
You already know by now that driving under the influence of alcohol in Oklahoma can lead to jail time, fines, and other consequences. But a surprisingly long list of common drugs we all take everyday can lead to DUI charges that are just as serious.
Is it bad advice to refuse a breathalyzer?
To blow or not to blow, that is the question -- at least for DUI lawyers. If an officer without a warrant invites you to consent to a field sobriety test, breathalyzer, or draw of your blood to verify that you are not driving under the influence, should you do it?
COVID is disrupting DUI Enforcement in Oklahoma -- and everywhere else
The ongoing COVID-19 virus outbreak has deeply disrupted virtually every aspect of public life with seemingly no end in sight. DUI Enforcement is no exception. Police rely heavily on the breathalyzer to identify drunk drivers, but serious questions have arisen about the safety of breath-based tests during the COVID outbreak.
I have a DUI conviction. Can I get a commercial driver's license?
A commercial driver’s license can open up a whole new world of opportunities, so you may be one of many Oklahomans who choose to pursue one. But what if you are also one of the thousands of people arrested each year in Oklahoma for driving under the influence of drugs or alcohol?
What Happens if You have a CDL and get a DUI?
Many Oklahomans choose to earn their living in the cab of a truck, bus, or other heavy vehicle. You may be one of them. What you may not know, however, is that the consequences for a DUI are worse if you hold a commercial driver’s license.
Your smartphone knows if you’re drunk
In the short time that smartphone technology has existed, it has become deeply ingrained in every aspect of our daily lives. Our biology is no exception.
The strange history of the ‘drunkometer’, what we now know as the breathalyzer
In the 1930’s, as cars became mainstream and more drivers were on the road than ever before, the first drunk driving laws started to become law. Almost immediately after, law enforcement began seeking ways to identify drunk drivers in a way that would hold up in Court.
DUI arrests soar during Labor Day -- here’s what you need to know
Stepped up police patrols, increased traffic stops for even minor violations, and DUI sobriety checkpoints await drivers nationwide as they head into the Labor Day holiday period from late August until early September.
Is the Breathalyzer really as accurate as we think?
Since the 1980s, the results of Breathalyzer tests have been relied on by prosecutors and police as incontrovertible scientific evidence of guilt. The truth, however, is that the tests produce skewed results with alarming frequency.
In The era of legal marijuana, the "Smell Test" for warrantless marijuana searches stinks
Police have been using the smell of marijuana as justification to conduct warrantless searches for decades.
Know your options after a DUI - How to use Oklahoma’s Impaired Driver Accountability Program (IDAP)
Having your drivers license revoked after a DUI can have drastic consequences, including not being able to work or live a normal life. Under new laws passed in late 2019, you now have a direct path to keeping your license.
Roadside DUI breathalyzers for marijuana could be coming to Oklahoma. Here’s what you need to know.
A new bill just signed into law will make Oklahoma the first in the nation to extensively test a controversial new technology designed to detect whether those pulled over by police are driving under the influence of marijuana.
Researchers find surprising DUI trends in states with medical pot
Since 1996, more than 30 states -- including Oklahoma -- have passed some form of cannabis legalization. These range from strictly regulated medical marijuana that requires a doctor’s prescription to open recreational use.
Oklahoma's DUI laws leave no room for medical Marijuana
The state of Oklahoma recently legalized the use of medical marijuana, but not all aspects of the law have caught up with the change.
Oklahoma’s DUI Laws (2020)
Major changes to Oklahoma’s DUI laws went into effect on November 1st, 2019 that fundamentally alter the way that driver’s license revocations are handled in the State.
What is A DUI Checkpoint?
A DUI checkpoint is a roadblock set up by police to check drivers for signs of intoxication. These checkpoints may also be called sobriety checkpoints, DUI roadblocks, mobile checkpoints, or something similar.
Another Victory From the Appellate Courts
On October 11, 2019, the Oklahoma Court of Civil Appeals reversed a Tulsa County judge and found in favor of our client. In February 2018, M. Cole (“Licensee”) was arrested for suspicion of DUI and his license was taken by the arresting officer.
What is an Aggravated DUI in Oklahoma?
We know bad things happen to good people. Whether you’re out watching the game with some friends or having a couple of glasses of wine with dinner, a DUI can happen to anyone.
Oklahoma’s Incarceration Rate - Highest in the World
When I worked as a prosecutor, my approach for non-violent defendants was rehabilitation, not incarceration.