Ask a Question

Get free answers to your DUI / DWI legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Oklahoma DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI and Criminal Law for Oklahoma on
Q: Can a officer arrest me for DUI of medication but put different details in affidavit? (Marijuana)

I was pulled over for speeding.The officer said he smelled marijuana.I was honest and told him I did have marijuana. He gave me a field sobriety test.I did tell him I take medication but I did not smoke marijuana that day. He told me i'm under arrest for taking the medication and driving. And... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 25, 2024

Well, if you took a blood test, that should settle the issue as to exactly what was in your system. Unfortunately, in many counties the fact that you have some overtime or controlled drug present in your system is usually enough for them to pursue this criminal charge against you. They will rarely... View More

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: How long does Oklahoma DPS get to revoke a license after a DUI?

18 y/o received a DUI on 5/07/2023. He was NOT arrested. DA did not press charges, he completed all required classes, evaluation, Adsac, Victim impact panel and paid fines. He never lost his license. Received a letter 1/11/2023 from DPS with the date of 10/10/2023 stating his license will be... View More

Josh Davis
Josh Davis
answered on Jan 11, 2024

Service Oklahoma is the agency now responsible for license revocation. Under Oklahoma law they have 180 days from the date of receiving the affidavit to take action on a license revocation. I think your issue here is one of notice. He may want to consider filing a district court appeal arguing that... View More

1 Answer | Asked in Car Accidents and DUI / DWI for Oklahoma on
Q: I found there was an error changing insurances, which lead to a short lapse in coverage, how far back can they charge me

If there was a fender bender by a family member, and a ticket issued for misdemeanor DUI?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

If you discovered an error during the process of changing insurance that resulted in a brief lapse in coverage, and there was an incident involving a family member with a ticket for misdemeanor DUI, the impact on your insurance coverage and potential charges can depend on various factors. Insurance... View More

2 Answers | Asked in DUI / DWI, Personal Injury, Car Accidents and Native American Law for Oklahoma on
Q: Can a 19 year old who illegally purchased alcohol in oklahoma be punished for furnishing the alcohol to an 18 year old

18 year old also was driving and had a collision while drunk driving and received dui should the 19 year old be punished as well for purchasing it

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

In Oklahoma, it is illegal for anyone under 21 to purchase alcohol, and it is also illegal to furnish alcohol to a person under 21. In the scenario you described, the 19-year-old who purchased the alcohol and then provided it to the 18-year-old could indeed face legal consequences.

The law...
View More

View More Answers

2 Answers | Asked in DUI / DWI, Personal Injury, Car Accidents and Native American Law for Oklahoma on
Q: Can a 19 year old who illegally purchased alcohol in oklahoma be punished for furnishing the alcohol to an 18 year old

18 year old also was driving and had a collision while drunk driving and received dui should the 19 year old be punished as well for purchasing it

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

In Oklahoma, both the legal drinking age and the legal age for purchasing alcohol are 21. If a 19-year-old illegally purchased alcohol and provided it to an 18-year-old who subsequently got involved in a collision while driving under the influence, the 19-year-old could potentially face legal... View More

View More Answers

2 Answers | Asked in DUI / DWI and Car Accidents for Oklahoma on
Q: Totaled my car. No one was harmed. Already spent night in jail. Can't afford law. What happens next

Already had an arraignment. Can't afford lawyer for the next one. What can I do to avoid jail time

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2023

In Oklahoma, if you're facing criminal charges and cannot afford a lawyer, you have the right to request a public defender. At your next court appearance, let the judge know that you cannot afford an attorney and request to have one appointed for you. If you qualify financially, a public... View More

View More Answers

1 Answer | Asked in Criminal Law, DUI / DWI and Legal Malpractice for Oklahoma on
Q: Could my record be expunged early if my lawyer was arrested and surrendered his license?

State of Oklahoma

Lawyer didn’t adequately communicate, failed to appear in court, and failed to perform work for fees charged.

4 client complaint

Arrested in 2006 as well

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2023

In Oklahoma, the eligibility for expungement of a criminal record is based primarily on the specifics of your case, the type of offense, and the time that has passed since the conclusion of the sentence or probation. The misconduct of your attorney, while a significant concern, does not... View More

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: arrested for felony DUI and destruction of property six months ago. Still haven’t filed charges. Why is that?

Chantel on bond they scheduled my first court date. I still haven’t received a new one or I haven’t filed charges yet.

Tracy Tiernan
Tracy Tiernan
answered on Feb 25, 2023

Many times when someone is arrested for a DUI where there is a lengthy to delay before charges are approved and filed, it is usually the result of a blood test being sent off to the OSBI laboratory for testing. It is absolutely not uncommon for the lab to take six months, sometimes more, to return... View More

1 Answer | Asked in DUI / DWI and Civil Rights for Oklahoma on
Q: If the 18th amendment to the Constitution is about the prohibition of liquor can I sue for liquor causing me to get a

Dui

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

The 18th Amendment to the Constitution, which prohibited the manufacture, sale, and transportation of alcoholic beverages, was repealed by the 21st Amendment. While the 18th Amendment dealt with the prohibition of liquor, it is not directly applicable to individual cases involving DUI charges. DUI... View More

1 Answer | Asked in Divorce, Family Law, Criminal Law and DUI / DWI for Oklahoma on
Q: In the state of Oklahoma, is it legal to marry an individual, while still being married to another person?

I've searched public records to see if there is any kind of divorce decree or even a filing of a petition for either marriage licenses, and i am not seeing anything of the sort. This individual was never Common Law married. I read the public filing of both marriage licensing that was filed,... View More

Charles Watts
Charles Watts
answered on Apr 10, 2023

It sounds like your case has some very unique set of circumstances. Therefore, you need to contact a family law attorney for your best course of action. Most will give a free phone consultation.

1 Answer | Asked in Criminal Law, DUI / DWI, Employment Law and Family Law for Oklahoma on
Q: Can Carter County combine a pending criminal case/allegation with a civil contempt child support case you're paying on?
Andrea Worden
Andrea Worden
answered on Mar 10, 2023

I think you are referring to money. County court clerks usually combine court costs and fines (on multiple cases) so that individuals have 1 payment to handle each month.

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Oklahoma on
Q: I have a first offense dui, I am in Cleveland county Oklahoma, am I allowed to continue using OMMA medical card?

My Dui was under alcohol and had nothing to do with drugs.

Tracy Tiernan
Tracy Tiernan
answered on Apr 16, 2022

The freedom to use one’s medical marijuana cards to ingest medical marijuana while someone is on any type of criminal probation in the city or County courthouses throughout the state of Oklahoma is a confusing mess.

Well many probation officers and Judges DO allow the use of medical...
View More

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for Oklahoma on
Q: I was bonded out jail for public intoxication and charged with different charge of APC two month later? Why?

I went to jail for what I thought was a public intoxication. Was bonded out for that paid the bail went to court they said that no charges have been filed yet. I go back to check online to see if charge is it been filed a month later and yesterday they filed actual physical control of motor... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 16, 2022

Many times when the police arrest someone for a crime they have an idea of what statutes or ordinances have been violated. Often times it guesswork because they haven’t done their full investigation, maybe they haven’t talked to some witnesses or followed up on some evidence. They will list... View More

View More 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... View More

View More Answers

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

View More Answers

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.

View More Answers

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... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.