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Oklahoma DUI / DWI Questions & Answers

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?

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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 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 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 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.

1 Answer | Asked in Criminal Law and DUI / DWI for Oklahoma on

Q: What Oklahoma statute requires a purchaser of alcohol to produce proof of age?

Stores have policies re proof of age. But us there a law that requires a purchaser to show proof of age?

Doak Willis answered on Jan 22, 2019

Yes. Title 37 O.S. Section 600.3 B.

2 Answers | Asked in DUI / DWI for Oklahoma on

Q: Are DUI penalties worse if there are children in the car?

Frank A. Urbanic answered on Dec 6, 2018

Yes you can be charged with child endangerment. That’s a felony.

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1 Answer | Asked in DUI / DWI for Oklahoma on

Q: A cop was horribly racist to my wife when she got pulled over for drunk driving. Can we report him?

Doak Willis answered on Nov 21, 2018

Yes of course you can. Don’t wait too long as it will appear you were merely reporting him/her in order to gain some advantage on her case.

1 Answer | Asked in DUI / DWI and Car Accidents for Oklahoma on

Q: If sued in an OK civil case, what assets can be attached?

What assets can be attached, i.e., retirement accts, wife's personal accts, any/all joint accts, home, etc.?

Peter N. Munsing answered on Sep 4, 2018

If you have insurance, you are hopefully protected. If you don't, then you need to get a consultation from an attorney in your area who handles bankruptcies, which would be a protection for you. You may not need it as in some states marital jointly held property is immune from seizure.

1 Answer | Asked in DUI / DWI for Oklahoma on

Q: When did the interlock device law go into effect for the state of Oklahoma?

Frank A. Urbanic answered on Aug 14, 2018

The interlock has been a part of Oklahoma law for a while. There was a major change in the DUI law in 2011 that mandated extra interlock time. This may be what you're thinking of.

1 Answer | Asked in DUI / DWI for Oklahoma on

Q: I don't think the cop had a reason to pull me over before giving me a DUI. Will this help my case?

Frank A. Urbanic answered on Jul 15, 2018

The cop must be able to articulate a legal reason for stopping you. This is why your attorney should to thorough representation by getting the police report, video(s), and any other available evidence.

1 Answer | Asked in Tax Law, Contracts, DUI / DWI and Personal Injury for Oklahoma on

Q: IS THERE A TAX LAW THAT TAKES HALF OF THE 25,000 RT OFF THE TOP THAT I HAD BEEN AWARDED BECAUSE OF AN ACCIDENT THE PERSO

The 25,000 is the amount the person carried so they automatically said the taxes take half which left me with 12,500 is this tax deal true

Reece B. Morrel Jr answered on Jun 25, 2018

With the limited facts you have given, it is hard to determine what is going on - but, I am suspicious.

First of all, it is common to have taxes "withheld" in a variety of transactions. These can include withdrawals from retirement accounts, winnings from slot machines, etc. And as an...
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1 Answer | Asked in DUI / DWI for Oklahoma on

Q: Is jail time mandatory for a second DUI?

John Cannon answered on Jun 8, 2018

Jail time is not mandatory for a second DUI; however, it is difficult to obtain a probationary sentence without an attorney fighting for you. You should contact an attorney for assistance.

1 Answer | Asked in DUI / DWI for Oklahoma on

Q: Can you refuse to take a breathalyzer test?

John Cannon answered on May 12, 2018

You can refuse to take a breathalyzer; however, it will have an negative impact on your driver’s license and potential impact on a criminal case.

2 Answers | Asked in DUI / DWI for Oklahoma on

Q: How do you get an ignition interlock for your car?

Frank A. Urbanic answered on Apr 27, 2018

You go on the Oklahoma Board of Tests website and call the approved interlock companies. Set up an appointment with one. Go to the place where you set up the appointment, and they will install the interlock.

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1 Answer | Asked in DUI / DWI for Oklahoma on

Q: Is it illegal to operate farm vehicles under the influence on private property?

Gary Johnston Dean answered on Mar 30, 2018

No, but it's not a good idea for the safety of everyone.

1 Answer | Asked in DUI / DWI for Oklahoma on

Q: What is the "legal limit " of OTC med and driving in Oklahoma? Alcohol is .08 what is OTC med?

Frank A. Urbanic answered on Mar 3, 2018

However much is needed to impair the driver. If you are charged then you need to hire an attorney. Asking a bunch of questions online will not make your problem go away.

1 Answer | Asked in DUI / DWI for Oklahoma on

Q: Can someone get cited for a dui while riding an animal?

Gary Johnston Dean answered on Mar 2, 2018

No, but he can be charged with public intoxication, if he was on roadway or public property.

1 Answer | Asked in DUI / DWI for Oklahoma on

Q: Said nothing. It's illegal to drive if u take OTC med? Could you direct me to the ok statute from where u obtained info

Back of bottle says "be careful when driving or operating heavy machinery. Does not say "do not " If that is the case I am guessing 99 percent of us are driving illegally

Frank A. Urbanic answered on Feb 28, 2018

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439901

4. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle;

You should contact an attorney ASAP to get help...
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1 Answer | Asked in DUI / DWI and Education Law for Oklahoma on

Q: I am a teachers assistant. what can my school district do if i have been charged with a DUI

Frank A. Urbanic answered on Feb 27, 2018

Check the policy of your district.

1 Answer | Asked in DUI / DWI for Oklahoma on

Q: My friend got a dui with an expired license - what happens now?

Gary Johnston Dean answered on Feb 17, 2018

He should immediately consult an experienced criminal Law Attorney, in the area of his arrest, for help with this problem. A form needs to be sent in now to the DPS to request a modified licence, even though his was expired. The lawyer can advise him what the usual deal is on a plea to these... Read more »

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