Oklahoma DUI / DWI Questions & Answers

Q: I was arrested December 22 2018 and have not been to anarainment yet do they still have a case

1 Answer | Asked in DUI / DWI for Oklahoma on
Answered on Feb 11, 2019
Josh Davis' answer
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.

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

1 Answer | Asked in Criminal Law and DUI / DWI for Oklahoma on
Answered on Jan 22, 2019
Doak Willis' answer
Yes. Title 37 O.S. Section 600.3 B.

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

2 Answers | Asked in DUI / DWI for Oklahoma on
Answered on Dec 6, 2018
Frank A. Urbanic's answer
Yes you can be charged with child endangerment. That’s a felony.

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

1 Answer | Asked in DUI / DWI for Oklahoma on
Answered on Nov 21, 2018
Doak Willis' answer
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.

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

1 Answer | Asked in DUI / DWI and Car Accidents for Oklahoma on
Answered on Sep 4, 2018
Peter Munsing's answer
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.

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

1 Answer | Asked in DUI / DWI for Oklahoma on
Answered on Aug 14, 2018
Frank A. Urbanic's answer
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.

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

1 Answer | Asked in DUI / DWI for Oklahoma on
Answered on Jul 15, 2018
Frank A. Urbanic's answer
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.

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

1 Answer | Asked in Tax Law, Contracts, DUI / DWI and Personal Injury for Oklahoma on
Answered on Jun 25, 2018
Reece B. Morrel Jr's answer
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 example, it is common for retirement withdrawals to include Federal withholding of approximately 30% and State withholding to be around 10% - which is less than the 50% you described.

Secondly,...

Q: Is jail time mandatory for a second DUI?

1 Answer | Asked in DUI / DWI for Oklahoma on
Answered on Jun 8, 2018
John Cannon's answer
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.

Q: Can you refuse to take a breathalyzer test?

1 Answer | Asked in DUI / DWI for Oklahoma on
Answered on May 12, 2018
John Cannon's answer
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.

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

2 Answers | Asked in DUI / DWI for Oklahoma on
Answered on Apr 27, 2018
Frank A. Urbanic's answer
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.

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

1 Answer | Asked in DUI / DWI for Oklahoma on
Answered on Mar 30, 2018
Gary Johnston Dean's answer
No, but it's not a good idea for the safety of everyone.

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

1 Answer | Asked in DUI / DWI for Oklahoma on
Answered on Mar 3, 2018
Frank A. Urbanic's answer
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.

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

1 Answer | Asked in DUI / DWI for Oklahoma on
Answered on Mar 2, 2018
Gary Johnston Dean's answer
No, but he can be charged with public intoxication, if he was on roadway or public property.

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

1 Answer | Asked in DUI / DWI for Oklahoma on
Answered on Feb 28, 2018
Frank A. Urbanic's answer
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 with your case. This isn't something you should attempt to "go it alone."

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

1 Answer | Asked in DUI / DWI and Education Law for Oklahoma on
Answered on Feb 27, 2018
Frank A. Urbanic's answer
Check the policy of your district.

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

1 Answer | Asked in DUI / DWI for Oklahoma on
Answered on Feb 17, 2018
Gary Johnston Dean's answer
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 charges.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

Q: Am I getting screwed over? I got a DUI in November 2016. First offense. My lawyer kept putting off my court date.

2 Answers | Asked in DUI / DWI for Oklahoma on
Answered on Jan 31, 2018
Gary Johnston Dean's answer
Not quite right here. Ask your lawyer for help.

Q: What happens if you refuse a breathalyzer test when you're pulled over?

1 Answer | Asked in DUI / DWI for Oklahoma on
Answered on Jan 28, 2018
Josh Davis' answer
It results in an automatic revocation of your license for 18 months.

Q: I got my first dui and it was aggrivated because I blew so high. It’s my first time getting in trouble with the law.

2 Answers | Asked in DUI / DWI for Oklahoma on
Answered on Jan 28, 2018
Josh Davis' answer
That’s terrible advice. Apply for a court appointed or try to find a lawyer who will take a payment plan. You want to avoid a conviction and just paying a fine will result in a conviction.

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.