The "Ritchie Law Firm" represents people charged with Driving Under The Influence/Driving While Intoxicated in Oklahoma. The Oklahoma Counties in which the Firm practices the defense of cases involving Driving Under The Influence/Driving While Intoxicated is limited to Tulsa County, Creek County, Rogers County, Mayes County, Wagoner County, Muskogee County, Delaware County, and Craig County, unless extenuating circumstances are involved.
Generally speaking, the law applies to people who are operating or in actual physical control of a motor vehicle and where within a two hour time period following the arrest they are determined by blood or breath test to have an alcohol level of at least .08. The law also applies to those under the influence of other intoxicating substances.
A first time offense is a misdemeanor offense. Punishment for the first time offense involves an assessment for substance abuse and performance of resulting recommendations, imprisonment for 10 days to one year, and up to a $1,000.00 fine. A variety of options are available for negotiation of plea agreements including deferred sentences, suspended sentences, and community service.
If a person is subject to a subsequent offense within 10 years it is classified as a felony. The punishment involves an assessment for substance abuse and performance of resulting recommendations, one year to 5 years imprisonment, up to a $2,500.00 fine, or a combination of the foregoing. A number of possible variations on the punishment may be accomplished through plea negotiations.
Punishments are enhanced for subsequent offenses. Likewise charges involving a tests indicating an alcohol level of at least .15 "Aggravated Driving Under The Influence", carry enhanced punishments.
In addition to potential criminal punishments the person charged with a DUI will face administrative action by the Department Of Public Safety regarding revocation/suspension of drivers license.
This information is provided for general information purposes. The law applicable to Driving Under The Influence/Driving While Intoxicated can be a very complicated matter. The person charged with such a crime should obtain the representation and advice of an attorney in order to evaluate the specific facts and circumstances of his/her case in order to pursue all available defenses to the charge, as well as maximizing the opportunity for effective plea agreement negotiations where appropriate.