Experienced Criminal Defense From
a Former Prosecutor

Experienced Defense Against Drunk Driving Charges

Drunk driving is a common but serious crime in Oklahoma. The state’s DUI laws are strict. Because of the severe consequences of a DUI conviction on your record, it is important to fight the charges with the help of an experienced criminal defense attorney. For representation in Norman, Purcell, and surrounding counties, you can rely on B. Hall Law.

Drunk Driving And “Actual Physical Control”

In Oklahoma, you can be convicted of a “per se” DUI if a blood or breath test reveals a blood alcohol content at or above .08%. You can also be convicted with a BAC below .08% if you are found to be sufficiently impaired to the point that you are incapable of safely driving the vehicle.

Most people don’t realize, however, that you can be charged with DUI without even driving. As long as you are in actual physical control (APC) of the vehicle (such as sitting in the driver’s seat with the engine running), you are subject to the same DUI laws as if the vehicle were moving.

Fighting The Criminal Charges

There are many ways to challenge DUI allegations. Depending on the facts of your case, your defense may involve:

  • Disputing the reason for the traffic stop (lack of probable cause or reasonable suspicion)
  • Questioning how the officer conducted the field sobriety tests
  • Contesting the accuracy or maintenance of breath-test machines

You should always take DUI charges seriously. A conviction can lead to fines, jail time, a suspended driver’s license, higher insurance rates and lasting harm to your reputation. If the accused is under 21, the penalties can be even harsher.

First Offense Vs. Repeat DUI Consequences

Oklahoma’s DUI penalties grow with each conviction, and the difference between a first and subsequent offense is significant. A first offense can mean fines up to $1,000, up to one year in jail and a 180-day license suspension. A second offense brings steeper fines and mandatory jail time. A third conviction can be charged as a felony with prison time possible.

Certain factors can make penalties worse regardless of prior history, including having a minor in the vehicle, causing an accident or registering a high BAC.

When A DUI Can End Your Career: CDL Holders In Oklahoma

Commercial drivers face a much lower legal limit – just .04% BAC, half the standard threshold. For anyone who earns a living behind the wheel, the career consequences are serious:

  • A first offense can result in a one-year CDL disqualification
  • A second offense may permanently disqualify you from holding a commercial license
  • An off-duty DUI in a personal vehicle can still trigger CDL suspension under federal regulations

For truck drivers, delivery professionals and others whose livelihood depends on their CDL, we understand what is at stake and fight hard to protect both your license and your career.

What Are The Immediate Consequences Of A DUI Arrest In Oklahoma, Including License Suspension?

A DUI arrest in Oklahoma sets two separate processes in motion at once. Here is what happens right away:

  • Criminal proceedings begin, exposing you to fines, jail time and probation
  • The Oklahoma Department of Public Safety moves to suspend your license
  • You have 15 days from the date of arrest to request a hearing to fight that suspension
  • Missing that deadline results in an automatic suspension

Note that once the hearing is scheduled, your driving privileges will remain intact until or unless the DPS issues a ruling upholding the suspension. Contacting B. Hall Law immediately after an arrest gives us the best chance to protect your driving privileges before that 15-day window closes. Our goal is to help you avoid suspension altogether. In cases where this is not possible, we can help you seek a modified license to allow you to drive to and from work, and transport your children.

Do I Have To Take A Breath Or Blood Test, And What Happens If I Refuse?

Oklahoma’s implied consent law means that driving on state roads counts as automatic agreement to chemical testing after a lawful DUI arrest. Refusing triggers an automatic license revocation and prosecutors can use that refusal against you in court. That said, how law enforcement conducted the arrest and administered the test may still be challenged.

How Long Does A DUI Stay On Your Record In Oklahoma?

A DUI conviction in Oklahoma stays on your criminal record permanently unless you qualify for expungement. Eligibility depends on the severity of the offense, the outcome of your case and how much time has passed. Even a deferred sentence can show up on background checks and affect professional licensing. We can evaluate your situation and advise you on whether expungement may be a viable path forward.

Let’s Discuss Your Options—Schedule Your Free Consultation

B. Hall Law offers free initial consultations to prospective clients throughout Garvin, Cleveland, McClain And Oklahoma Counties. To get started, fill out our online contact form or call us at 405-928-8703.