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misdemeanor Tag

24 August
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Do Drug Penalties Vary by County in Oklahoma?

Posted by Clint
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Do Drug Penalties Vary by County in Oklahoma?

There are 77 counties in Oklahoma, and people convicted of drug crimes may receive varying penalties depending on the county in which they are convicted. It may be surprising to you that state laws about drugs, which supposedly apply to all people in the state, could have uneven application. The reasons for the varying penalties range from geographical to monetary. Geography Alters Charges and Sentences In response to the new law reclassifying drug possession as a misdemeanor, Oklahoma legislators passed another law that makes it a felony to possess drugs within 1,000 feet of a school. (63 O.S. § 2-402.) Rather than...

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13 August
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Oklahoma Drug Courts Do Not Handle Misdemeanors – Why?

Posted by Clint
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Oklahoma Drug Courts Do Not Handle Misdemeanors – Why?

In Oklahoma, many people arrested for drug charges can seek help in drug court rather than going through the traditional legal process. Surprisingly, you cannot go to drug court if you have only a misdemeanor charge – you must have been charged with a felony. Back in 2016, Oklahomans approved State Question 780, which reclassified drug possession and some property crimes as misdemeanors rather than felonies. For example, possession of opiates is now a misdemeanor. Other drug crimes, such as distribution or trafficking, remain felonies under the law. Unfortunately, Oklahoma’s drug courts do not allow misdemeanor offenders to attend. These courts claim...

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22 June
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Boating Under the Influence Is a Crime in Oklahoma

Posted by Clint
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Boating Under the Influence Is a Crime in Oklahoma

Yes, boating under the influence of alcohol or CDS is a crime in Oklahoma. Most people are familiar with DUIs when driving cars and trucks on the road, but fewer know about Oklahoma’s “BUI” law. Using the threat of boating under the influence charges, law enforcement have cracked down on consumption of alcohol near waterways in recent years. The boating under the influence law prohibits boat operators from having a blood alcohol concentration (BAC) of 0.08 or more. In 2011, the BAC limit went from 0.10 to 0.08. The boat operator must be aboard the boat and have a BAC over...

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04 April
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Child Endangerment and Drunk Driving

Posted by Clint
in Blog
Child Endangerment and Drunk Driving

Driving drunk with a child in the car can have serious consequences. In Oklahoma, not only can drivers be charged with driving under the influence of alcohol, but they can face increased sentences and child endangerment charges. Oklahomans receive child endangerment charges frequently because their children are in the backseat while they drive drunk. Under Oklahoma law, child endangerment occurs when a parent, guardian, or person who has custody or control of a child either: Is the driver, operator, or person in physical control of a vehicle who is driving under the influence of alcohol or another intoxicating substance while transporting...

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23 October
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Prior Out-of-State DUIs in Oklahoma

Posted by Clint
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Prior Out-of-State DUIs in Oklahoma

Prior out-of-state DUIs factor into sentencing for any DUIs committed in Oklahoma. If you have a prior DUI conviction from another state, learn more about how that conviction could affect your charges and sentence for an Oklahoma DUI. Ordinarily first-time DUI driver in Oklahoma are charged with misdemeanors. With a conviction or a deferred judgment from another state for DUI meeting the Oklahoma DUI requirements, a driver who has never been convicted of DUI in Oklahoma before will be charged with a felony. One exception is if you completed the sentence for your prior conviction more than ten years ago. 47...

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20 October
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Can I Get My DUI Conviction Expunged in Oklahoma?

Posted by Clint
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Can I Get My DUI Conviction Expunged in Oklahoma?

Depending on your circumstances, you may be able to get your DUI conviction expunged under Oklahoma law. Oklahoma defines “expunged” as sealing all criminal or civil records involving actions by the state against a person arising out of an arrest, transaction, or other event. Effectively, receiving an expungement means that the public cannot learn, by a search of the court records, that you were arrested or convicted for a crime. People could learn about a crime from other means, however, such as by searching newspaper articles or talking to witnesses. If an expungement is granted, the state retains any physical...

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11 October
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Can a Drunk Driver Face Homicide Charges?

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Can a Drunk Driver Face Homicide Charges?

A drunk driver in Oklahoma can face homicide charges if his driving under the influence results in the death of another person. Many drivers who injure or kill others while under the influence of drugs or alcohol face manslaughter charges rather than homicide charges. Manslaughter charges require the prosecutor to prove different, and less demanding, requirements than homicide does. Unlike manslaughter, homicide requires a showing of intent. Usually, driver charged with homicide face second-degree murder or felony murder charges, not first-degree murder. First-degree murder is premeditated (“with malice aforethought”) and intentional or else the death occurs under one of the following...

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30 August
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Do I Have the Right to a Jury Trial for a DUI Charge?

Posted by Clint
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Do I Have the Right to a Jury Trial for a DUI Charge?

In Oklahoma, people charged with DUI felonies and misdemeanors have the right to a jury trial. The number of jury members varies, however, depending on the charge. You should understand when you have the right to a jury and when you might want a bench trial (in front of only a judge) instead. The Oklahoma Constitution states that the right to a trial by jury is “inviolate,” except in civil cases where the amount in controversy is $1,500 or less or in criminal cases with potential fines of $1,500 or less. Oklahoma Constitution, Section II-19. In criminal cases in which the...

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28 August
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Oklahoma Laws on Marijuana

Posted by Clint
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Oklahoma Laws on Marijuana

Oklahoma laws on marijuana could change dramatically if voters approve State Question 788, which would legalize use of medical marijuana in the state. Currently, possession of any marijuana is a misdemeanor and is punishable by a $1,000 fine and less than one year of imprisonment for a first offense. Penalties increase for subsequent offenses or if you are on probation when you are arrested. Oklahoma made big changes to its drug possession laws that went into effect on July 1, 2017, but charges for marijuana remain a misdemeanor. However, in 2018 voters will consider State Question 788. The question, if approved,...

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07 August
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The Oklahoma Aggravated DUI

Posted by Clint
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The Oklahoma Aggravated DUI

Oklahoma law includes a criminal charge for aggravated driving under the influence, which carries additional penalties and fines to a standard DUI charge. You may be charged with an aggravated DUI if your breath or blood test shows a blood alcohol concentration of 0.15 or more. Like the standard DUI charge, aggravated DUI is a misdemeanor punishable by ten days to one year in jail for a first offense and a fine of up to $1,000 if the case is pursued in state court. 47 O.S. § 11-902(C). In addition, a person convicted of an aggravated DUI will be sentenced to...

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