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Charged with Both DUI and Drug Crimes? What to Expect

Charged with Both DUI and Drug Crimes: What to Expect

If you have been charged with both DUI and drug crimes, you probably are wondering what to expect during your case. When someone has multiple criminal charges against them, fighting the charges can be a little complicated and should be handled by a knowledgeable attorney. Different Defenses for Different Charges People charged with both driving under the influence and drug crimes will need their attorney to develop defenses to all of the charges. In a DUI case, the attorney may focus on the accuracy of the breathalyzer test, among other defenses. In a drug crimes case, the attorney may focus on a...

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What Is Drug Court in Oklahoma?

What Is Drug Court in Oklahoma?

Oklahoma counties have drug court programs that the courts use as an alternative to traditional criminal court. The programs establish treatment requirements instead of jail time and probation for drug offenders. Who Can Go to Drug Court? Certain people who plead guilty or are found guilty of non-violent drug-related felonies may attend drug court by applying to a county program. Defendants must agree to participate in drug court instead of traditional sentencing. Offenders who successfully complete the drug court program will not serve jail time. Drug court is not like a criminal court that evaluates evidence and hears cases. In drug court,...

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Will a New Oklahoma Law Reduce Defense Costs for Drug Offenders?

Will a New Oklahoma Law Reduce Defense Costs for Drug Offenders?

As discussed in the previous blog, in late April and early May 2018 the governor of Oklahoma signed quite a few new bills into law that affect criminal sentencing. One of these laws may reduce defense costs for drug offenders. Another may help drug offenders who need treatment more than they need prison time. First, the law known as SB 1021 could lead to reduced costs of criminal defense. When the law goes into effect in late 2018, people who are charged with crimes and have limited finances will be able to receive court-appointed attorneys if they post bail. Currently, anyone...

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What Is an Oklahoma DUI Clinical Assessment, and Why Do You Receive One?

What Is an Oklahoma DUI Clinical Assessment, and Why Do You Receive One?

Many drivers make it a priority to get their licenses back after revocation because of a DUI. In Oklahoma, those convicted of driving under the influence who have their licenses revoked usually must complete a DUI clinical assessment and any intervention recommendations first. The DUI clinical assessment is also called an ADSAC assessment. ADSAC stands for Alcohol and Drug Substance Abuse Course. How Do I Get an ADSAC Assessment? Locate a certified ADSAC assessor through the Oklahoma Department of Public Safety, Department of Mental Health and Substance Abuse Services, or your DUI defense lawyer. Schedule an appointment for an ADSAC assessment or...

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What Is Conditional Release in Oklahoma?

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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Can the Court Require Rehab for a Drug Crime?

Can the Court Require Rehab for a Drug Crime?

In Oklahoma, rehab has become a common part of a criminal sentence for a drug-related crime. Courts often specifically require people to complete a drug and alcohol assessment, called an ADSAC assessment, and then complete a state-licensed rehab program. Further, rehab is frequently part of first-time offender diversion programs such as conditional discharge. Those convicted of driving under the influence of drugs or alcohol usually receive sentences that include completion of an Alcohol and Drug Substance Abuse Course (ADSAC), which includes some type of treatment program depending on the ADSAC assessment’s findings. The ADSAC program helps people whose driver’s licenses were...

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New Report Recommends 0.05 BAC Limit

A new report encourages states to adopt a 0.05 blood alcohol concentration limit for drivers accused of driving under the influence. In a study sponsored by the National Highway Traffic Safety Administration, a non-profit group called the National Academies of Sciences, Engineering, and Medicine examined drunk driving fatalities over the past 30 years and the costs associated with enforcement of DUI laws. The National Academies concluded that lowering the BAC limit – making it easier for drivers to be arrested – and changing a host of strategies for combatting drunk driving would lower fatalities. This latest report is far from the...

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Suspended and Deferred Sentences in Oklahoma

Suspended and Deferred Sentences in Oklahoma

People who commit DUI offenses in Oklahoma may receive suspended or deferred sentences. While there are important differences between these alternative sentencing methods, both give people the option to meet certain conditions imposed by the court and avoid jail time as a result. In Oklahoma and the rest of the United States, you are considered to be “convicted” of a crime if you are found guilty by a judge or jury and final judgment is entered. However, sentencing for the crime may occur at a later hearing. Suspended Sentence For a suspended sentence, you are convicted of a crime but do not have...

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Oklahoma Diversion Programs

Oklahoma Diversion Programs

Oklahoma has some diversion programs available for first-time offenders that can reduce the amount of jail time to be served for a DUI. These programs may be required by the court as part of a deferred or suspended sentence. Diversion programs aim to help alcohol or drug offenders get treatment and keep people out of jail. They also reduce second offenses and saves the public money. However, failing to successfully complete a diversion program can result in adverse consequences such as jail time or a conviction being entered on your record. DUI offenders generally attend drug and alcohol counseling as part...

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