Learn why you never take a DUI arrest lightly. Find out what the consequences of a DUI conviction are and what DUI In Tahlequah, Oklahoma entails.
You should should never take a DUI arrest lightly. Even a conviction on a misdemeanor DUI charge can result in a fine of up to $1,200 and a minimum of 10 days in jail.
What’s more, after you have been convicted on a first DUI charge, a second arrest in a 10-year period can be charged as a felony. This crime will be subject to a minimum of a year in prison and a fine of up to $7,500. Furthermore, if convicted on a felony charge, you can lose your driver’s license, your right to vote, and you may be prohibited from working, joining the military, and face obstacles in find housing.
Therefore, it is important that you fight to keep a first DUI conviction off of your record.
How to Deal With a DUI in Tahlequah, Oklahoma
There are essentially two general ways to deal with a DUI in Tahlequah, Oklahoma:
- Plead guilty, pay the fine, and have a DUI go on your record; or
- Pay an attorney to fight the charge and keep your record clean.
Just because you are charged with a DUI doesn’t mean that you will be convicted. With the aid of an experienced DUI attorney, you can fight to get the charge dismissed and keep the DUI off of your record, or at least minimize the consequences of your conviction.
However, if you plead guilty, you are likely to receive even stiffer penalties, even for a first offense. You will have a DUI conviction on your record, which will in turn put you at risk of receiving much harsher penalties should you unfortunately be charged with a subsequent DUI in the next 10 years.
Fighting a DUI in Tahlequah, Oklahoma
First of all, it’s important to remember that the state must prove it’s case against you beyond a reasonable doubt. If it is unable to prove any elements required for a DUI conviction, or if the police violated any rules in making the traffic stop or in administering to you the Breathalyzer or field sobriety test, it will fail to prove its case beyond a reasonable doubt and the charge against you will be dismissed.
Thus, the two most common ways of fighting a DUI in Tahlequah, Oklahoma are:
- Challenging the arresting officer’s right to stop you; and
- Challenging the validity of the Breathalyzer or field sobriety test that was administered to you after you were stopped.
In many cases, an experienced DUI attorney can review the details of your arrest to look for violations in protocol that can lead to the dismissal of the charges against you. For example, if the arresting officer did not see you committing any traffic violation, the officer may not have had sufficient reason to stop you and your attorney may petition the court to dismiss the case against you.
Likewise, the officer may not have administered the Breathalyzer or the field sobriety test to you in accordance with standard procedures, or may have forgotten to test you at all. If your attorney can prove that the officer did not follow standard procedure in ascertaining your blood alcohol level, your case may be dismissed.
In any event, only an experienced DUI attorney will have the knowledge to spot these violations and use them in your defense. Before you decide how you will deal with a DUI in Tahlequah, Oklahoma, it would be in your best interests to consult with a Tahlequah DUI attorney. He or she can advise you on the best way to fight the charge.
Free Consultation: Tahlequah Criminal Defense Lawyer
If you or someone you know is facing a criminal charge, please contact a Tahlequah criminal defense lawyer to discuss your available legal options.
For a free consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.
Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll contact you by e-mail as soon as possible.