What Factors Might Enhance Or Aggravate A DUI Charge In Oklahoma?
One of the factors, in Oklahoma, that may enhance a DUI charge would be if someone blew over a 0.15. The other one is if someone either injured or killed another individual; that can lead to a manslaughter charge, a DUI with injury charge, or even a second degree murder charge.
What Happens If I Refuse A Breath Or A Blood Test In Oklahoma?
Under the constitution, the United States Supreme Court has stated that a driver generally has the right to refuse and revoke consent to his blood test. Without a warrant, an officer cannot force a non-consenting driver to provide a blood test. However, the Supreme Court rulings insulate the driver only from the criminal consequences of a blood test refusal. The state can still impose administrative consequences for a refusal, such as a license suspension or revocation, evidentiary consequences, and a license fee. Oklahoma State law provides drivers with a right to refuse testing that applies to breath, blood, and urine testing. In Oklahoma you only have fifteen days from the date of arrest to request an administrative hearing with DPS or to request a modified driver’s license.
Are There Any Alternative Punishments Available For First Time DUI Offenders In Oklahoma?
Throughout Oklahoma, there are various programs for first time offenders. One of the most popular is the Youthful Drunk Driving Program (YDD). The program is usually for individuals between the ages of 17 and their late 20s, depending on the court, who don’t have any prior DUIs. The Youthful Drunk Driving program is basically a scared straight program for young drivers, where they write essays and do other tasks. They sometimes have to write an obituary showing how it would be if they were to be killed or injured in a DUI. They have to meet a victim’s impact panel of people who have lost loved ones to a DUI. They have to speak to the family and listen to the family of the victim. They also do a drug and alcohol assessment and must follow the recommendations of that.
For second time DUIs, we have a DUI Court, which mirrors the Drug Court program mostly. It’s available in certain counties in Oklahoma as an alternative to going to prison on a DUI charge.
Do You Recommend Pre-Trial Counseling For Your DUI Clients In Oklahoma?
We send our clients to do a drug and alcohol assessment by a licensed assessor BEFORE plea. This benefits our clients in that they have that information and can already begin following the recommendations of the assessment. This tactic will go a long way in shortening their case and helps us in plea negotiations.
For more information on Enhanced/Aggravated DUI Charges In OK, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (918) 216-9644 today.
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