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Oklahoma DUI lawyer Tag

25 June
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What Can You Expect at a Victims’ Impact Panel?

Posted by Clint
in Blog
What Can You Expect at a Victims’ Impact Panel?

Drivers who operated a vehicle under the influence of drugs or alcohol in Oklahoma may receive a variety of interventions, including a victims’ impact panel. If you have to attend a victims’ impact panel (VIP), you may not know what to expect. Come prepared by learning about the panel’s purpose. Why Do I Have to Attend a VIP? When trying to get your driver’s license back, you may have to take a DUI assessment, also called an ADSAC assessment. The ADSAC assessor will recommend interventions for you. Successful completion of the interventions will allow you to get your driving privileges reinstated. Of...

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22 June
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Boating Under the Influence Is a Crime in Oklahoma

Posted by Clint
in Blog
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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15 June
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Fines for Driving Under the Influence in Oklahoma

Posted by Clint
in Blog
Fines for Driving Under the Influence in Oklahoma

In addition to possible jail time, drivers convicted of driving under the influence in Oklahoma face substantial fines. The fines vary depending on which crime a driver is sentenced with, and there are additional costs as well. If a driver has no prior DUIs on his record, he can expect that the court will require him to pay up to $1,000 in fines. Drivers with prior DUIs pay increasingly larger fines. The amount of the fines vary based on which court hears your case. The rules differ in municipal court and state court in Oklahoma. In state court, every driver who...

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14 May
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How the State Can Seize Innocent Oklahomans’ Property through Civil Asset Forfeiture

Posted by Clint
in Blog
How the State Can Seize Innocent Oklahomans’ Property through Civil Asset Forfeiture

Oklahoma’s civil asset forfeiture laws allows police to confiscate your personal property if they believe it is connected to a crime. The laws allow the state to collect millions of dollars in personal property that may have no relationship to a crime at all. Under civil asset forfeiture laws, citizens “forfeit” property that law enforcement believes had a connection to a crime. Police could seize cash found during a traffic stop, for example, if they suspected it was proceeds from the sale of drugs. The property seized can include anything from cash to vehicles to real estate. Most forfeitures involve cash...

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07 May
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Criminal Conspiracy Charges in Oklahoma

Posted by Clint
in Blog
Criminal Conspiracy Charges in Oklahoma

Oklahoma law criminalizes conspiracy to commit a crime, even if the accused does not commit the planned crime itself. A criminal conspiracy involves a group of people working together to plan or execute a criminal act. To prove that a person is guilty of criminal conspiracy, the prosecution must show that (1) there was an agreement among two or more people (including the accused) to commit a crime, and (2) at least one person took an overt act in furtherance of the agreement to commit a crime. 21 O.S. § 421. Again, it does not matter whether the co-conspirators actually commit...

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30 April
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The Erin Swezey Act and Ignition Interlock Devices

Posted by Clint
in Blog
The Erin Swezey Act and Ignition Interlock Devices

The Erin Swezey Act imposes strict penalties requiring ignition interlock devices for people convicted of driving under the influence. The Act went into effect in 2011 and is named after an Oklahoman killed by a drunk driver. An ignition interlock device prevents a driver who has consumed a certain detectable level of alcohol from operating a motor vehicle. Generally, the devices have a small spout that drivers blow into and a screen shows whether the driver has exceeded the blood alcohol limit. If so, the driver cannot start the car. Usually there is a waiting period before the driver can try...

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27 April
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Driveway Car Searches: Legal without a Warrant?

Posted by Clint
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Driveway Car Searches: Legal without a Warrant

Recent court cases call into question whether police can enter and search your driveway for evidence of a crime. The Minnesota Supreme Court decided that police needed a warrant to search a vehicle parked on someone’s property. In addition, the Supreme Court of the United States heard oral arguments in a similar warrantless search case. The Minnesota case involved an allegedly stolen camper van parked in the back of the accused’s property. Police walked onto his driveway and toward the camper van, inspecting it. They determined that it matched the description of a stolen vehicle and charged the accused with receiving...

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13 April
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Passengers’ Rights at Traffic Stops

Posted by Clint
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Passengers’ Rights at Traffic Stops

Passengers in a car pulled over at a traffic stop are in a sticky position. They are not operating the vehicle, so they cannot be arrested for DUI or cited for traffic infractions. When law enforcement pulls a car over, passengers may not know what to do. Can the police order a passenger to stay in the car or get out of the car? Yes, courts have concluded that police can either order passengers to stay in or get out of the car during a traffic stop. Reasoning centers on concern for police officers’ safety and need to exercise control over everyone...

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06 April
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What Is Conditional Release in Oklahoma?

Posted by Clint
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What Is Conditional Release in Oklahoma?

Conditional release, also called conditional discharge, gives those charged with a crime the opportunity to avoid jail time and criminal records while obeying court-ordered restrictions and requirements. It is one of the diversion programs Oklahoma uses to lower costs, relieve overcrowded jails, and give small-time offenders a second chance. Oklahoma offers a diversion program of conditional discharge for people charged drug possession as their first drug-related offense. If the court so chooses, or as part of a bargain with the prosecutor, the person accused will not be found guilty of possession. Instead, the court will defer any further sentencing and obtain...

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04 April
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Child Endangerment and Drunk Driving

Posted by Clint
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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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