A DUI conviction can follow you for life. Jail time, significant fines, a suspended license, and a permanent criminal record are just some of the consequences you might face. It’s a frightening prospect, but skilled Oklahoma DUI defense lawyers can protect your rights and advocate for a fair outcome.
Talley, Turner, Stice & Bertman’s criminal defense attorneys know what you’re facing and how to help. We’re proud of our strong track record of defending those charged with DUI in Oklahoma. Our attorneys are committed to protecting your rights, challenging weak evidence, and pursuing the best possible outcome. Whether this is your first offense or you’re facing enhanced penalties for subsequent charges, we offer the skill and experience your DUI case demands.
The sooner you call us, the better we can protect you. Call our firm today to schedule a consultation.
Driving under the influence in Oklahoma is a serious offense. You can be charged with DUI if you’re caught operating a vehicle with a blood or breath alcohol concentration (BAC/BrAC) of 0.08% or higher. You can also be charged if you were operating a vehicle while impaired by alcohol, drugs, or a combination of substances—even if you don’t take a blood or breath test. In other words, law enforcement can arrest you based purely on the behavior they observe, such as slurred speech, erratic driving, or indicators of impairment during field sobriety tests.
Furthermore, you can be charged even if the vehicle is not in motion, as long as you’re in control of the vehicle—like sitting in the driver’s seat with access to the keys. Actual Physical Control (APC) is treated the same as a DUI and can result in jail time as well as loss of your driver’s license.
Oklahoma recognizes several categories of DUI-related offenses, each with different consequences:
The penalties for DUI in Oklahoma escalate with each subsequent offense. Even a first conviction can lead to jail time and significant costs.
An Aggravated DUI may be charged as a felony, which carries one to five years in prison, with a mandatory 10 days in jail and minimum one year supervision by a probation officer.
A second Aggravated DUI carries a mandatory 30 days in jail in addition to any other punishment.
An Aggravated DUI increases by 30 days in jail for each conviction after the second offense.
Legal penalties aren’t the only consequences you’ll face. Collateral consequences may include:
| Common Defenses | Example |
|---|---|
| Challenging Probable Cause | Questioning whether law enforcement had a legal basis for the traffic stop or arrest. |
| Field Sobriety Tests | Questioning field sobriety test administration and results. |
| Chemical Testing | Calibration and accuracy issues with breathalyzers or blood tests. |
| Testing Errors | Identifying errors in the collection, handling, or analysis of evidence. |
| Improper Police Procedures | Failure to follow required law enforcement procedures. |
| Constitutional Violations | Violations of a person’s constitutional rights during the investigation or arrest. |
| Medical Conditions or Prescription Medications | Legitimate prescriptions or medical conditions mimicking intoxication. |
| Rising BAC Defense | Arguing that blood alcohol concentration increased after driving. |
Our goal is to minimize the long-term impact of a DUI charge, including case dismissal. We also negotiate for deferred sentencing, diversion programs, or reduced charges when dismissal isn’t an option. With our firm, you’ll get a dedicated legal team committed to protecting your future.
Oklahoma has an implied consent law. This law means that by driving on Oklahoma roads, you automatically consent to chemical testing if law enforcement suspects you of driving under the influence. Refusing to submit to a breath, blood, or urine test results in an automatic license revocation, regardless of whether you’re convicted later. You do not have the right to speak to an attorney before taking the State’s test, so it is important to know the potential consequences.
If you’ve been arrested for DUI, you have only 30 days after receiving a Notice of Revocation letter from Service Oklahoma to either file an appeal in district court or apply for the Impaired Driving Accountability Program (IDAP). This hearing is separate from the criminal proceedings. Failure to appeal within that time frame will result in the revocation of your driving privileges.
If your license is revoked, you may qualify for the IDAP program that allows you to continue driving. You will be required to install an IID and meet other eligibility requirements. A first offense requires an ignition interlock device for 180 days; second offense (within 10 years) requires an ignition interlock device for 365 days; and a third or any subsequent offense requires an ignition interlock device for 730 days. Navigating these hearings and penalties can be complicated. However, early legal intervention can help protect your ability to drive.
A DUI stop can be intimidating, but knowing how to handle yourself helps protect your rights and your case.
First and foremost, remain calm and respectful. When an officer signals for you to pull over, do so as soon as there’s a safe place to pull over. Keep your hands on the steering wheel and wait for instructions.
When asked for your license, registration, and insurance, provide them without sudden movements. If the officer asks whether you’ve been drinking, you have the right to remain silent. Politely decline to answer questions that might incriminate you. You are not legally required to perform field sobriety tests (such as walking a straight line or reciting the alphabet), and you can respectfully refuse these roadside tests.
However, refusing a chemical test (breath, blood, or urine) after arrest will result in an automatic license revocation. If you are arrested, do not resist. Instead, assert your right to speak with an attorney and avoid discussing your case with police until you have legal representation.
Early mistakes—such as admitting guilt or trying to talk your way out—can seriously damage your defense later. The best course of action is to remain calm, say as little as possible, and call an experienced DUI lawyer from Talley, Turner, Stice & Bertman as soon as you can. Your defense team can help secure favorable bond conditions and collect evidence to support your case.
DUIs can have lifelong consequences, but with the right defense team, you can fight for the best outcome possible. Call Talley, Turner, Stice & Bertman today to learn how our Oklahoma DUI defense attorneys can help you at this critical moment.
