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Oklahoma DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for Oklahoma on
Q: Can I sue my attorney for dropping me, after I paid him $1500?

I paid my attorney $1500, then he dropped me. I had to pay ANOTHER attorney $1500 again. The first attorney should return my money. Correct? This is malpractice.

Charles Watts
Charles Watts answered on Sep 14, 2021

You would need to look at your attorney/client agreement (or engagement letter) - More than likely you have agreed to payment. If the attorney did any work on your case then that is services in which they are due money. If you truly feel you have a case against this attorney then you have to... Read more »

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1 Answer | Asked in DUI / DWI for Oklahoma on
Q: Can you be held in a county jail in Oklahoma indefinitely while waiting for extradition for a Blue warrent in Texas?

Warrent is for dui and he was on parole. They took a blood test and there is no results 5 months later. And no court date 5 months later.

Andrea Worden
Andrea Worden answered on Jun 23, 2021

Generally, the charging out-of-state county will pick the person up when they can and the defendant will have to pay the cost of the transport.

You might look into contact a bondsman in Texas.

2 Answers | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: What writ is it where an inmate is being held for a jail sentence in one county serving a sentance but petitions another

Petitioning one county to start sentence while being held serving in a different county.

Andrea Worden
Andrea Worden answered on Jun 7, 2021

writ of habeas corpus

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1 Answer | Asked in DUI / DWI for Oklahoma on
Q: Yes i got a dui 1997 and one in 2002 ive done. Ever thing except pay reinstament fee witch i cant affored what do i do

Im 42 and never had a drivers lincense. They where supspeneded before i ever got them ive only had one ticket in 17 years

Andrea Worden
Andrea Worden answered on May 16, 2021

I'd call the Department of Public Safety Driver Compliance Division and ask whether they offer any options for payment.

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: Is a dui a misdemeanor or felony
Andrea Worden
Andrea Worden answered on Feb 9, 2021

A DUI can be filed as a misdemeanor or felony.

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1 Answer | Asked in DUI / DWI for Oklahoma on
Q: My son got a DUI. He had no drugs or contraband on him or in the vehicle. Can they legally do a cavity search ??

He is 27, cooperative with the police officer but did refuse to blow. He was not given a field sobriety test as well. He got pulled over for a tail light out but it was after midnight and officer asked if he’d been drinking. Son admitted to drinking earlier in the evening.

Charles Watts
Charles Watts answered on Feb 3, 2021

You need to contact an attorney for this and let them receive all the details from your son (the client) so you can be advised properly.

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: I'm out on bond with special circumstances I have a medical marijuana card can I get in trouble for peeing hot for THC
Brian Boeheim
Brian Boeheim answered on Dec 6, 2020

It depends on the county. Some DA's and Judges are placing limitations on people and feel they can get away with it because it is still a Federal Offense. Without seeing the specific conditions of your bond, it is hard to tell. I would error on the side of not using. If you have to test... Read more »

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: I got arrested for a dui over 6 months ago and it says they’re gonna drug test me i have my medcard can i smoke marijuan

due to covid i haven’t been able to get a court date or start a probation time and it’s been so long i feel as if i’m supposed to be covered by the medcard

Tracy Tiernan
Tracy Tiernan answered on Nov 3, 2020

It is a big chaotic circus right now with different counties implementing different rules relating to the medical marijuana issue and probation. It sounds like you haven’t waived your trial rights or been placed on probation yet which is good. Most judges appreciate when you’re upfront with... Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: I was convicted of child neglect and felony DUI in 2003. My son was in the truck with me...can I get this expunged?
Andrea Worden
Andrea Worden answered on Sep 8, 2020

This statute should be helpful:

https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440214

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: What are my chances of getting a deferred sentence? And if I do is my license still suspended?

.13 bac dui first time

Failure to maintain lane

Transporting an open container

I’m a Texas resident but was charged in Walters ok. Leaving the casino and immediately was pulled over and given a field sobriety test. Failed that and was arrested taken to police station... Read more »

Tracy Tiernan
Tracy Tiernan answered on Sep 7, 2020

Any attorney that guarantees you a certain result is lying because we don’t know until we rifle through the evidence and check your past. Also, occasionally, there are unreasonable DAs and/or judges or peculiar facts. If you were in Vegas I think the odds of you getting a deferred probation for... Read more »

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2 Answers | Asked in DUI / DWI for Oklahoma on
Q: I was arrested on dui blood work come back as dwi can a district attorney change it to dui. Bac .06
Andrea Worden
Andrea Worden answered on Aug 24, 2020

A DWI is the appropriate charge based on your BAC. However, if there is a drug on the blood test, you could be charged with DUI drugs.

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1 Answer | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: What's this mean? AMENDED ORDER SETTING CONTESTED CRIMINAL HEARINGS.

It was entered on odcr.com regarding my girlfriends felony Dui-d case. Also ORAS was on there.

David A. Cincotta
David A. Cincotta answered on May 5, 2020

It appears that an amended order was filed, likely setting or resetting certain hearings (possibly due to COVID-19 and the Oklahoma Supreme Court's administrative orders pertaining to cases currently scheduled through May 15). ORAS often is used in criminal cases to refer to the Ohio Risk... Read more »

2 Answers | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: I'm being charged with 2 counts of manslaughter. What can I expect from my prosecution?

They are charging me with an dui with BOC. Of .o8. I haven't drank in 7 years so that's impossible.

Tracy Tiernan
Tracy Tiernan answered on Apr 5, 2020

You need to contact a seasoned criminal defense trial attorney as soon as possible. This is likely first-degree manslaughter (which carries a minimum of four years and up to life in prison). There are lots of factors that you have not included (wisely) in this question. They will ask for prison... Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI, Federal Crimes and Juvenile Law for Oklahoma on
Q: If my first DUI was on my juvenile record, will my second DUI be a felony?

One of my friends got his 3rd DUI about 2 weeks ago. He has two previous misdemeanor DUI’s on his juvenile record. He was ordered to go to victims impact classes and to attend AA after he completed a year long rehab. He hasn’t completed all of his classes and is behind on court/probation... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 4, 2020

Aggravated DUI is always considered a felony. It is based on a blood alcohol level of over .15. The key to to fight the breath test or the blood test. This is complex, but if done right can save you a great deal of heartache and money. If it is in or around Tulsa, give us a call and we can... Read more »

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: I need legal advice how to get my license back, even a modified license with a past dui and failure to comply.

In 2015 I was arrested for DUI. I failed to pay my fines or show up to court. In 2017 I was arrested for driving on a suspended license. I was ordered to pay fines, check in with probation, and have alcohol assessments done. I did do the assessments, but failed to do everything else and did not... Read more »

Tracy Tiernan
Tracy Tiernan answered on Dec 20, 2019

Many attorneys handle DUI cases and your licensing issues at the same time for the same price. If you want to go the cheap route and not have to retain an attorney you can simply go to any Department of Public safety office early in the morning when they open and sit down with a hearing officer.... Read more »

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: I got a DUI in 2007 ,misdemeanor charge, after 10 years can I just pay my reinstatement fee and get my license back?
Tracy Tiernan
Tracy Tiernan answered on Oct 30, 2019

You certainly didn’t have to wait 10 years to seek reinstatement of your license. It depends on whether you took and failed a breath test or refused or if it was drugs and blood test issues, but in either situation you should’ve had your license back many years ago if you had sought that... Read more »

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1 Answer | Asked in Car Accidents, Criminal Law and DUI / DWI for Oklahoma on
Q: If a drunk driver killed someone in a driveway in Oklahoma, could that person be convicted of first degree manslaughter?

..

Peter N. Munsing
Peter N. Munsing answered on Jul 29, 2019

Depending on the circumstances, yes. If a death is involved you need the advice of an attorney whichever side you were on.

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: if a guy hasn't seen a judge how can he file for habeas corpus in oklahoma on a misd charge of dui disabled military

he has been in jail for over a week with no arraignment He was in the military. And is now disabled

Josh Davis
Josh Davis answered on Jul 15, 2019

Has bond been set yet? That typically has to be set within 48 hours. In some bigger counties, they may see the Judge to set bond and have an initial appearance, but then not see the judge again for a month. If bond is set, then contact a bondsman to get them out. Otherwise he needs a lawyer. Also... Read more »

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: 3rd DUI

2014 I got a misdemeanor dui. Was put on 3 year deferred sentence. Completed everything on that. In 2017 I ended up getting another Dui which was a felony, was placed on 5 year deferred sentence. 1 week ago I just got pulled over for another Dui so Just looking to see if that means jail time

Josh Davis
Josh Davis answered on May 24, 2019

Every DUI carries the potential of jail time. However, on a 2nd time felony offense you’re more likely to have some time. You definitely need to hire a lawyer to review your case and not just agree to whatever the DA is offering.

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: I was arrested December 22 2018 and have not been to anarainment yet do they still have a case
Josh Davis
Josh Davis answered on Feb 11, 2019

Yes. The State can file your case any time during the statute of limitations. Just keep in touch with your bondsman and check oscn.net.

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