Why Am I Being Charged Of Two Separate DUI Offenses?
Reader’s Question:
Isn’t it unfair that after my drunk driving arrest in Oklahoma, I will have two different DUI charges? Could you explain why there has to be two charges?
Dave
North Cleveland, OK
It’s definitely unfair that after your drunk driving arrest in Oklahoma, you can be charged with two separate DUI offenses. The first offense that you can be charged with is having a blood alcohol content (BAC) beyond the legal limit of 0.08% and the second one is for impaired driving. One reason for creating two different DUI offenses is that a person who is arrested for drunk driving can refuse to take any kind of BAC test. The state of Oklahoma has no evidence in proving the blood alcohol level without the BAC test results. Being charged with two separate offenses allows the state to convict a person for DUI in the absence of BAC test results.
It may be absurd-sounding and it even gets worse because one of the justifications of having two separate laws is that each is based on a different kind of proof. Well, that’s true in theory but it’s quite the opposite in practice. Failing the BAC test can be considered sufficient proof for both charges. In other words, the state does not need any proof of actual impairment to convict you for both charges. But the good news is you will never be punished for both even if you might be convicted for the two charges. That means double the charges doesn’t mean double the sentence.
Choosing The Right Oklahoma DUI Lawyer?
Reader’s Question:
I was just recently arrested for DUI here in Oklahoma. I want to have the best legal defense possible. How can I determine which one is the right for me?
Bobby
Oklahoma City, OK
I must say that it would be a right move for you to get a legal representation in your DUI case in Oklahoma. DUI is not just another criminal case one can easily get away with. To help you identify the best DUI lawyer to defend you on your DUI case, there are several questions that you should be prepared to ask any lawyer you are considering.
First is that you have to know how long the lawyer has been defending DUI cases in Oklahoma. This is quite important because your lawyer should have defended numerous DUI cases in Oklahoma and has actually gone to court trial for DUI cases. You also have to take note as to how successful the DUI lawyer has been at getting DUI charges reduced or dropped. This is to make sure that they have proven track record of successfully helping clients defend their cases.
You might also want to ask the DUI lawyer the kinds of honors or awards he/she has received in their field. This is to know how good they are if they are being recognized. Lastly, you can also ask the DUI lawyer how the fees are being determined to give you an idea as to how much you will be paying the DUI lawyer and also for you to prepare.
So if you are facing a DUI charge in Oklahoma, get help from an experienced DUI lawyer. Hire a lawyer who has handled thousands of DUI cases with experience and a track record that speaks for itself.