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Pottawatomie County DUI Defense Lawyer

Fighting Drunk Driving Charges in Pottawatomie County, Shawnee and surrounding areas.

Being charged with driving under the influence (DUI) or driving while intoxicated (DWI) has life-altering legal consequences whether you were arrested in your neighborhood or across the state. The Law Firm of Karen E. Byars understands how our clients may be confused or intimidated by the legal process.

That’s why Karen strives to counsel you in a manner that inspires confidence about navigating the ins and outs of your case. Whether it’s a misdemeanor or felony DUI charge, Karen offers responsive representation with compassion and respect to help you or your loved one have a fighting chance at securing their best possible future.

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Getting Stopped for a Suspected DUI

If the police stop you for a suspected DUI offense, anything they do after that is meant to gather evidence to confirm their suspicion.

Officers can turn a suspected DUI check into an arrest by submitting you to field sobriety tests or chemical tests of your breath and blood.

What is The Legal BAC (Blood Alcohol Content) Limit in Oklahoma?

The legal blood alcohol concentration (BAC) limit in Oklahoma is set at .08. However, Aggravated DUI BAC readings of .15 or higher can result in more severe penalties, at the District Attorney's discretion.

You have the right to refuse a field sobriety test, such as walking a straight line, reciting the alphabet backwards, or keeping your gaze locked on a swaying flashlight. The results from these unscientific tests can be inaccurate and cause you unnecessary trouble.

You can refuse a blood or breath test. That refusal can only be overturned by a Search Warrant signed by a judge. As a holder …..determine your BAC and you will face losing your driver’s license and other penalties from the Department of Public Safety.

DUI Convictions

Getting a DUI conviction, even on a first offense, gives the judge a portfolio of severe sentences that may be levied against you.

Penalties for DUI Offenses

The penalties for DUI convictions get progressively harsher the more DUIs you rack up, and range from fines to a suspended license in Oklahoma.

First Offense

  • Jail time between 10 days and 1 year
  • Fine of up to $1,000
  • Driver’s license revocation for 6 months (180 days)

Second Offense (Within 10 Years of First Offense)

  • Jail time between 1 year and 5 years
  • Fine of up to $2,500
  • Driver’s license revocation for 1 year (if there was a previous revocation for DUI within the past 5 years)
  • Ignition interlock device required for 6 months to 3 years after license revocation period

Third or More Offenses

  • Jail time between 1 year and 10 years
  • Fine of up to $5,000
  • Driver’s license revocation for 3 years (if there were 2 or more previous revocations for DUI within the past 5 years)
  • Ignition Interlock Device required for up to 3 years after license revocation period

Other DUI Expenses

The fines that come with a DUI conviction are already costly, but add onto that the other costs that accompany a DUI, and the phrase “paying for your mistake” takes on a whole new meaning.

 

Can you get a DUI expunged in Oklahoma?

First, check the expungement statute to see if you qualify. Below, I explain which circumstances will qualify you for an expungement of your DUI under the Oklahoma expungement statute.

Also, not all expungements are equal: Some expungements will also seal your records from law enforcement. Other expungements will seal Pardon and Parole Board records.

In other expungements, the prosecutor will still be able to use your records in a future prosecution, to prove a prior conviction.

Below, I tell which expungements will seal which of your records from whom. You can have your DUI arrest or conviction expunged if:

  1. You have been acquitted of DUI. Law enforcement will not be able to access your records.

  2. An appeals court reversed your DUI conviction and ordered your case dismissed. Law enforcement will not be able to access your records.

  3. An appeals court reversed your DUI conviction and the prosecutor dismissed the charge. Law enforcement will not be able to access your records.

  4. DNA evidence showed you were innocent. Law enforcement will not be able to access your records.

  5. The governor has pardoned you because you were innocent of DUI. Your Pardon and Parole Board records will also be sealed to the public; however, the Pardon and Parole Board will still have access to the records.

  6. The governor has pardoned you for any reason, and you were under 18 when you committed the DUI. Law enforcement will not be able to access your records. Your Pardon and Parole Board records will also be sealed to the public; however, the Pardon and Parole Board will still have access to the records.

  7. You were arrested for DUI, and the prosecutor did not file charges (including charges for an offense other than the offense for which you were arrested) and the statute of limitations has expired, or the prosecutor has declined to prosecute you. Law enforcement will not be able to access your records.

  8. You were charged with one or more crimes, all charges have been dismissed, you have never been convicted of a felony, no criminal charges are pending against you, and

  • a. The statute of limitations has expired, or
  • b. The prosecutor confirms that charges will not be refiled.

Law enforcement will not be able to access your records. This category does not apply to charges that have been dismissed after completion of a deferred sentence.

9. Your DUI charge was a misdemeanor, the charge was dismissed after you complied with the terms of a deferred sentences, no criminal charges are pending against you, and it’s been at least one year since the charge was dismissed. This only applies if your DUI charge was a misdemeanor. To see which types of DUIs are misdemeanors and which DUIs are felonies, click here and here. Your records will still be admissible against you, in a future prosecution, if the prosecutor seeks to prove you have a prior conviction.

10. Your DUI charge was dismissed after you finished a deferred judgment or delayed sentence, you have never been convicted of a felony, no criminal charges are pending against you, and it’s been five years since the court dismissed your DUI charge. Your records will still be admissible against you, in a future prosecution, if the prosecutor seeks to prove you have a prior conviction.

11. You were convicted of misdemeanor DUI, you were sentenced to a fine of less than $501.00, you were not sentenced to imprisonment or a suspended sentence, you have paid the fine or satisfied the fine by jail time served in lieu of the fine, you have never been convicted of a felony, and no criminal charges are pending against you. Your records will still be admissible against you, in a future prosecution, if the prosecutor seeks to prove you have a prior conviction.

12. You were convicted of misdemeanor DUI, you were sentenced to prison, a suspended sentence, or a fine over $500.00, you have not been convicted of a felony, no criminal charges are pending against you, and it’s been five years since the end of your last sentence. Your records will still be admissible against you, in a future prosecution, if the prosecutor seeks to prove you have a prior conviction.

13. You were convicted of felony DUI, you have not been convicted of any other felony, you have not been convicted of a separate misdemeanor in the last seven years, no criminal charges are pending against you and it’s been five years since you completed your sentence for felony DUI. Your records will still be admissible against you, in a future prosecution, if the prosecutor seeks to prove you have a prior conviction. Your Pardon and Parole Board records will also be sealed to the public; however, the Pardon and Parole Board will still have access to the records.

14. You were convicted of not more than two felony offenses, neither of your offenses is listed in this list, neither of your felonies would require you to register as a sex offender, the governor has pardoned you for both of the felonies, no criminal charges are pending against you, and it’s been at least ten years since your last conviction. Your records will still be admissible against you, in a future prosecution, if the prosecutor seeks to prove you have a prior conviction. Your Pardon and Parole Board records will also be sealed to the public; however, the Pardon and Parole Board will still have access to the records.

15. You have been arrested, charged with, or subject to an arrest warrant for a DUI that someone else committed, and the person who committed the DUI impersonated you by means of identity theft.

16. You have completed the conditions of a deferred judgment.