Oklahoma Governor Signs New DUI Law to Take Effect November 1, 2017
The new law, which is scheduled to take effect Nov. 1, calls for drunken driving suspects to be given an option: They can either have ignition interlock devices put on their vehicles and participate in a diversionary program or they can await the outcomes of their criminal cases to determine whether their license revocations are upheld.
It will become illegal for drunken driving suspects to refuse to take a breath test in Oklahoma under Senate Bill 643. The new law also will abolish the civil administrative process that suspects currently use to challenge the revocation of their driver’s licenses.
Drinking, drugs, and driving make for a deadly combination. In Oklahoma it is known as driving while under the influence (DUI) and the laws are tough. Convictions for DUI cases can range from a license suspension to jail time to a prison sentence, depending on the circumstances involved. Call today to schedule your free consultation (405) 759-5529!
Handling DUI Defense Cases Throughout Oklahoma City and Surrounding Areas
As an experienced DUI Defense Attorney, Josh Lee is committed to helping people throughout the state of Oklahoma minimize the consequences of a DUI charge and obtain the best possible outcome for their case. He regularly represents clients throughout Oklahoma County and surrounding areas facing DUI, DWI, APC, and other alcohol-related offenses every year.
He can advocate for certain sentencing based on the details of your case. After you are convicted, the court will notify the Oklahoma Department of Public Safety (DPS), who will then revoke your OK driver’s license (this is a mandatory revocation). Although, he cannot guarantee a particular outcome for each case, he can apply many years of experience and knowledge in this area of law to get you the best outcome possible for your circumstances. Having confidence in your Attorney is important, and putting your trust in Josh Lee is one of the best decisions you can make to assure desired results for your legal plan.
As we all know, operating a motor vehicle after consuming alcohol and/or drugs to a degree that impairs a person’s judgment and ability to drive safely is a serious offense. You can be charged with a DUI for driving under the influence of alcohol, illegal drugs, and even prescription drugs. A DUI charge is typically based on the blood alcohol content (BAC) which is the measure of alcohol in a person’s bloodstream. When a police officer administers a breathalyzer test, the reading he/she sees is the measurement of the person’s BAC. Both criminal and civil penalties for drunk driving can be harsh and often include:
- Loss or suspension of license
- Large fines
- Substance-abuse treatment
- Jail or prison time
- Community service
- Criminal record
- Restrictive probationary license programs, including ignition interlock devices
- In addition, the social stigma and effect on your career may have lifelong negative consequences.
The Use of Ignition Interlock Devices in DUI Cases
An ignition interlock is a court- or licensing agency-ordered device installed in an individual’s vehicle to prohibit drinking and driving after a person has been convicted of DUI/DWI. Sometimes, an ignition interlock is used in place of license suspension. This device is installed in your car and measures the blood alcohol content of the driver, who must blow into the device before starting the car. If the blood alcohol content (BAC) is above a certain level, the car will not start.
Implied Consent and No Refusal Laws During a DUI Stop
In every state in the US, a driver with a blood-alcohol concentration (BAC) of .08 or higher is presumed to be legally intoxicated for drunk-driving purposes. Each state has also enacted an implied-consent law. Implied-consent laws provide that every licensed driver within the state is considered to have given his or her consent to chemical testing to determine his or her BAC whenever a law enforcement officer has reasonable suspicion of intoxication. See bottom of page for links to the Oklahoma Alcohol Impairment Chart.
If you have been stopped by a law enforcement officer who believes that you have been drinking, you will be asked to take a breath test. Under Oklahoma law, if you are driving a motor vehicle, you have given what is known as implied consent to be tested by an officer if you are suspected of drinking and driving. Refusal to take the test will result in the immediate revocation of your driver’s license, even if you have not been drinking. It could also result in your arrest. The revocation will stay in effect for anywhere from 180 days to 3 years, depending on your driving record.
The Prosecutor’s Role in a DUI Case
Prosecution refers to the government’s role in the criminal-justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge and bring the alleged offender to trial. A prosecutor is a lawyer who works for the government and who is responsible for developing and presenting the government’s case against a criminal defendant. Prosecutors may be called county attorneys, city attorneys, district attorneys or states’ attorneys. Some jurisdictions may even have experienced police officers act as prosecutors in DUI cases. The prosecutor is the opponent or “adversary” of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court.
Drunk Driving/DUI Resource Links
About.com: Alcoholism and Substance Abuse
Links to articles and resources about drunk driving.
Impaired Driving Division – National Highway Traffic Safety Administration
NHTSA’s Impaired Driving Division provides information and resources on drunk driving from a legal and social viewpoint and with a goal of prevention.
Insurance Institute for Highway Safety
Link to informational chart about the drunk-driving laws of all 50 states plus the District of Columbia.
Center for Disease Control (CDC) – Impaired Driving
Facts, data, publications and other helpful information involving impaired drivers.
The Century Council
A not-for-profit organization dedicated to fighting drunk driving and underage drinking.