Let’s face it: if you drink and drive, the chances are that you will get a DUI…maybe more than one. Often, if a person gets one DUI, they are likely to get more than one. And if you are driving under the influence in Oklahoma, penalties escalate with each conviction. Here is what you need to know about a second DUI in Muskogee.
Alcohol Levels in DUI Cases
In Oklahoma, it is unlawful to operate a motor vehicle with a Blood Alcohol Content (BAC) of .08 percent or higher. Okla. Stat. tit. 47 § 11-902. The law also prohibits any combination of intoxicating substances that can affect driving. The fact that you may be legally entitled to use a substance is not a defense to this statute.
Ingestion is not the issue, driving after ingestion is. This a charge of driving under the influence can include alcohol, or any other intoxicating substance, either singly or in combination.
That can include marijuana, opiates and other drugs. It can also include prescription and over-the-counter medications. If it impairs your driving, it is against the law to drive.
Penalties For Driving Under the Influence
Repeat offenders are common in driving under the influence cases and judges are not particularly forgiving regarding repeated offenses.
A first DUI conviction is a misdemeanor, punishable by as much as one year in the county jail. And you could be fined as much as $1,000. However, if you have a second conviction within 10 years of the first, the crime is charged as a felony, and that makes it a much more serious matter. On a second conviction, you could be sentenced to prison from 1 to 5 years, face a fine up to $5000, or face both, prison and a fine. Okla. Stat. tit. 47 § 11-902.
If this is your second offense, your Muskogee attorney may be able to help you get into a diversion program. This will not only help you personally, but it will help your DUI case as well. In many cases, time spent in treatment may count as time served if the program is completed successfully.
These treatment programs are run in conjunction with the courts. Courts depend on them for evaluation regarding the level of substance abuse involved and the type of treatment that will be most helpful.
The court has the discretion to order a defendant to follow all recommendations contained in the report as a condition for any deferred or suspended sentence. This could include counseling, drug and alcohol classes, and attendance at A.A. meetings or another treatment program. Okla. Stat. tit. 47 § 11-902. This is done at the defendant’s expense.
Finally, you can expect that your license will be suspended or revoked for some period of time. Your attorney can help you reinstate your license and sometimes be instrumental in persuading the court to allow limited driving privileges such as driving to and from work.
There are defenses that may be available to you depending on the circumstances. Sometimes there are problems with the chemical tests administered, or the handling of the sample taken. This is an area that an experienced criminal law attorney will know how to handle.
If you are facing charges for any DUI, do not talk to the police. Contact an experienced Muskogee criminal defense attorney as soon as possible to help you build a strong defense and to protect your freedom.
Free Consultation With A Muskogee DUI Attorney
For a consultation with an experienced Muskogee criminal defense attorney in the Wirth Law Office, call today at (918) 913-0725, or call toll-free at (888) 447-7262 (Wirth Law). If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.