Reader’s Question:

I know someone who has been charged with an aggravated DUI here in East Canadian, Oklahoma. What is the difference between an aggravated DUI case and an ordinary DUI case? Can an aggravated DUI case be tried in the municipal court and are the penalties harsher?

Sam
East Canadian, OK

An aggravated DUI is a DUI case wherein the person suspected for the crime had a chemical test results of 15% or higher on either a blood or breath test. This DUI case could only be filed as a State-level charge in a District Court, not a municipal court charge, unless the particular Municipality has added it to their ordinances, but most have not.

It is not considered a new crime at all but another layer of punishment that is laid on top of that offense which the statute would otherwise provide. For example, if the DUI case in East Canadian, Oklahoma is a misdemeanor DUI, the punishment is a minimum of 10 days and a maximum of one year in the county jail and/or a fine of up to $1,000. If the said charge is filed as an aggravated DUI case, the possible punishments are the same and there would be extra punishments. Those additional include a minimum stay in an alcohol in-patient treatment facility of 28 days, one year aftercare probation period (or meetings) upon release from inpatient, periodic testing during the probationary period, completion of 480 hours of community service and installation of an ignition interlock device on the person’s car for no less than 30 days.

Tags: drunk driving laws, DUI, DUI lawyer, DUI penalties, DUI trial

Reader’s Question:

My cousin was arrested for DUI in Midwest City, Oklahoma and the breath test result when she was arrested was different when she was tested at the police station. Does this really happen in breath testing, how can this be explained?

Carmi

Midwest City, OK

Yes, this has already happened in countless DUI cases. Any driver who is suspected to be driving under the influence could have a breath test result of 0.15% blood alcohol content (BAC) at the police station, but had a 0.07 BAC when the driver got pulled over. This is because alcohol could take an average of 50 minutes, but could take as long as three hours, to be fully absorbed into the bloodstream and create the peak blood alcohol level. This is very critical in your cousin’s DUI case in Midwest City, Oklahoma if the DUI arrest happened relatively soon after she finished drinking.

Probably, her BAC was still rising when she took the breath test which means that even if her BAC was above 0.08% when she was tested at the police station, it could be well have been below 0.08% when she was actually driving. There’s no law against having BAC that is above 0.08% at the police station; it would only be the BAC while actually driving that counts in DUI cases.

Tags: blood alcohol content, breath test, DUI, DUI arrest, DUI lawyer

Reader’s Question:

My brother-in-law was charged with DUI in Norman, Oklahoma and he blew over the limit. I heard that so many people question the reliability of the breath test results. How can the results of the breath test be excluded from the DUI court case trial?

Fynn

Norman, OK

Every state actually has rules and regulations concerning the administration of breath test to those who are suspected to be driving under the influence. There are several things that should be met or the breath test results would often be thrown out of court in a DUI trial. These things include that the test operator has a current certification, the machine also has a current certification, the machine should be calibrated as often as required, the mouthpiece should be changed before the test is given, a record of the temperature of the calibrating solutions in the machine should be kept, a log of the tests run should also be kept and counting the number of times the calibration solution has been changed.

To be able to properly defend your brother-in-law in his DUI case in Norman, Oklahoma, his DUI lawyer should get copies of the maintenance records, the operator’s license or certification and the various logs. Most lawyers actually don’t do this but instead, the settle for just the complaint and the arrest report.

Tags: breath test, DUI, DUI lawyer, DUI trial

Reader’s Question:

I have never been arrested for DWI here in Oklahoma though I admit that I sometimes drink and drive. I just hope this won’t ever happen to me, but just in case I get caught, what happens in a DWI arrest and how can I bail myself out?

Charity

East Canadian, OK

There are many things that you would have to worry about if you get arrested for DWI in Oklahoma. During a DWI arrest, the police officer would most likely give you some type of field sobriety test (FST) or a chemical test that would hopefully tell the police officer what your approximate blood alcohol content (BAC) level is. The police officer should read to you your Miranda rights which you need to listen carefully to and if the Miranda rights are not read to you during the arrest, you need to make your DWI lawyer aware of this as soon as you have chosen a lawyer.

The officers would go through the booking process once they have gotten you to the jail. This includes finger printing and mug shots. The officers at the jail will then keep you in jail until it is time for your bail hearing wherein the judge will look at all of your past offenses as well as past arrests and make a decision as to how high or low your bail should be.

You would have to find some way to get yourself out of jail once you have been assigned a bail amount. You might want to call someone to come pay your way out if you have the money at home. But if you don’t have money at home, you might want to call a bail bondsman to get something worked out so you will have a way out of jail.

Tags: DUI, DWI lawyer

What is a fee agreement?

A fee agreement is a paper which you are given in yor first consultation with an Enid OK DUI attorney which has the information you need about the fees for the services your attorney will provide, as well as what those services will be, and also what part you are expected to play.

What form does a fee agreement come in?

You should always get a fee agreement printed out on paper. Never accept a verbal agreement, because those can easily be broken. Nor should you accept a fee agreement in pen or pencil.

What should I ask about my fee agreement?

• What charges will I be subject to?
• How will you bill me?
• What are the highest and lowest prices I will possibly pay?
• How can I save money for this?

A Lawton Oklahoma DWI attorney will dig into your pocket, and while it is usually the best idea to hire on an attorney, sometimes not having money keeps you from doing that (naturally). If you have a surplus of funds, why not hire an attorney? If you lack them, do try your best, try more than your best in certain situtations, but other times, in the end, you just have to go with the flow.

• Sprint to the Lawton Oklahoma DWI attorney if..

Your accident was very serious and you were drunk when you got into it. Multiple charges breeds higher punishments–so if this is your third DUI, you better get a lawyer. Job related woes–are you a taxi driver? Bus driver? Delivery person? If you need a license, you need a lawyer.

• Jog to the Lawton Oklahoma DWI attorney if…

Second DUI. Minor involved. Double the blood alcohol content limit.

• Stroll to the Lawton Oklahoma DWI attorney if…

Criminal conviction will cause job loss. Cannot get certificate or degree if DUI not wiped from record. Don’t think you understand DUI law.

As you face the situation of being charged with driving while intoxicated, you have before you the option of acquiring the services of a Midwest City Oklahoma DWI lawyer. Although a few people may think they have the ability to pull through this tough part of their life on their own, there are a number of things that a lawyer can aid you in which you should not forget while you are deciding whether or not you will end up hiring a lawyer.

• Knowledge. Lawyers know DUI law, and that’s pretty much all there is to say there. They don’t need to read a thousand books and websites and still be confused, because this is what they do all day. They can hear your case and make the connections right away. What you did, what that means, what your chances are. It’s just easy for them.
• Tasks. A lawyer, if hired, can take over any number of mindless tasks related to your case that you would otherwise be doing on your own.
• Court. The part everything hinges on is when you go to court for your DUI. There is where the Midwest City Oklahoma DWI lawyer can defend you.

READER QUESTION:

What does the part of the ad mean that says that it is an AV rated Stillwater OK DUI lawyer?

Charlie

Good question, Charlie.

This part of the ad refers to the AV rating system, a system employed to rate lawyers on many things. This rating tells you exactly what kind of quality the AV rated Stillwater OK DUI lawyer is, but even so it doesn’t sit in for a consultation and just because a lawyer is good doesn’t mean they are good for you.

For DUIs, unless your filthy rich, I’d only suggest looking for an expensive best rated AV lawyer if you have a very bad case with a bad outlook. Otherwise, even though a good AV rating does mean that the lawyer is experience, intelligent, and wins a lot of cases, that doesn’t mean that they are for you. Remember that your most important thing to do is to find a lawyer who is an expert in DUI law, not just law in general, so one of these good lawyers might have knowledge but not the kind that suits you.

–Fashun.

The consultation with the Broken Arrow OK DUI lawyer who is on your possible hire list is the most important part of this section of your litigation process. When you speak with the lawyer, you will need to form an idea of their ability and your compatibility with them in a very short period of around thirty minutes or so, so you have to go in with a strategy. Here are a couple of things that you should work into that strategy:

• Consultations are for you and your representation. Make sure that is who you are speaking to, not an assitant.
• Price is important. Get a fee agreement with a detailed explanation for charges and ask your lawyer what could make that price go up in the process, how, how likely, and how much.
• Examine your possible Broken Arrow OK lawyer ’s past by questioning the number of years, number of cases, ratio of successful wins, and so on they have had, specifically with DUI law.

As you go around getting fee agreements from one Tulsa Oklahoma DUI lawyer or another, you may slowly be having to face the fact that these agreements just don’t agree with you. The prices are high, and the payment plans just don’t fit your budget, and in addition to that you don’t want to risk racking up more debt. Even if you aren’t feeling uneasy about the prices, it’s still a good idea for you to check with the courthouse to see if you have other options, such as having your legal representation provided to you at no charge.

While this is not a possibility in every DUI case, it is for felony DUIs, and even for some misdemeanor DUIs a Tulsa Oklahoma DUI lawyer can be provided like this.

Although it is easy to assume that public lawyers are low quality, the truth is that they are often excellent lawyers and that it won’t hurt your case at all to have one. Some even handle private cases as well as the government provided ones assigned to them.