Lawyers, Answer Questions  & Get Points Log In
Oklahoma DUI / DWI Questions & Answers
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
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
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
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...
Read more »

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
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
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 »

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: Am I getting screwed over? I got a DUI in November 2016. First offense. My lawyer kept putting off my court date.

So I ended up pleading on November 20th 2017. I got 1 year deffered sentence 120 hours community service, random UA tests and DA supervision fees and CS fees. I also had to take a drug and alcohol assesment. Cost $85. I finished the assessment and went to the DAs office to make sure that would... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Jan 31, 2018

Not quite right here. Ask your lawyer for help.

View More Answers

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: What happens if you refuse a breathalyzer test when you're pulled over?
Josh Davis
Josh Davis answered on Jan 28, 2018

It results in an automatic revocation of your license for 18 months.

2 Answers | Asked in DUI / DWI for Oklahoma on
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.

I can’t afford a attorney and I asked my bondsman if I should apply for a public defender and he said if he was me I should defend myself and plea guilty but accept the court cost and fine but no jail time. But I don’t know how that would workout I just need a few answers.

Josh Davis
Josh Davis answered on Jan 28, 2018

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.

View More Answers

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: Are the penalties different if you're pulled over but you were just taking prescription drugs?
Frank A. Urbanic
Frank A. Urbanic answered on Jan 26, 2018

No. The dui drugs law here is harsh.

View More Answers

2 Answers | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: what is a tulsa county district court magistrate
Gary Johnston Dean
Gary Johnston Dean answered on Jan 14, 2018

It usually means a Special District Court Judge who handles preliminary hearings and motions in Criminal cases. They are appointed, not elected.

View More Answers

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: Does someone have to take the sobriety test if pulled over?
Gary Johnston Dean
Gary Johnston Dean answered on Jan 6, 2018

No, you are not required to take the FIELD Sobriety Test, but probably will have your car towed, and be taken to jail. If you refuse breath or blood tests, your license will automatically be suspended. We recommend you requested the blood test.

Please visit my website www.garyjdean.com...
Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: Will charges be worse if someone bangs up their car in a DUI -- it was the only vehicle involved.
Gary Johnston Dean
Gary Johnston Dean answered on Dec 21, 2017

If only the vehicle was "Injured", it in no way has any bearing on the charges filed. I know it's really hard during the holidays but you must stay sober and safe. Another charge would be a disaster for you, and any attorney trying to help you.

Please visit my website...
Read more »

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: My boss was pulled over while looking for his wallet. He passed field sobriety tests and was taken into major county ok

He blew .01 and was remanded on DUI charges but today in court they said that he was bonded on a technicality for no license and had no formal charges or anything in the system for his DUI he was remanded on Sunday morning 2am and court was today at 930am in major county Oklahoma by 11am still... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Nov 30, 2017

Sorry I did't see your question earlier. I guess by now that it has been answered.

Please visit my website, www.GaryJDean.com, and at the bottom of the homepage, "Subscribe" to receive occasional emails on Oklahoma Law, and changes. Thanks, Gary.

1 Answer | Asked in DUI / DWI, Traffic Tickets, Civil Rights and Criminal Law for Oklahoma on
Q: If not indicted within 10 days, shouldn't my boyfriend be released from jail in El Reno city Oklahoma?

He was charged with possession of marijuana, dui, no insurance, and no registration. He was not indicted within 10 days though, so shouldn't he be released?

Gary Johnston Dean
Gary Johnston Dean answered on Nov 30, 2017

Sorry I didn't see this earlier. I guess now he has been charged, he has been released.

Please visit my website, www.GaryJDean.com, and at the bottom of the homepage, "Subscribe" to receive occasional emails on Oklahoma Law, and changes. Thanks, Gary.

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: If I'm stopped for driving under the influence, can I talk to an attorney ...

... before I decide whether to take a breath, blood, or urine test?

Frank A. Urbanic
Frank A. Urbanic answered on Nov 22, 2017

No.

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: I was pulled over for DUI 6 months ago but was never given a ticket or anything. The courthouse has no record on me.

I call every week and still nothing. What do I do now? I got a lawyer and I live in a different state and I have my license too.

Frank A. Urbanic
Frank A. Urbanic answered on Oct 9, 2017

If you have an attorney, then that's who you need to be directing this question at. If your lawyer isn't answering your questions then you need to get another attorney.

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: First time DUI innocent help me

I was charged with a DUI. No one seen me inside the car no injury accident. Now earlier that day I was assaulted. So I had already been to the hospital that day the doctor offered me pills. I told the nurse no did not take the pills. Later that day doctor called the police. The nurse brought me the... Read more »

William C. Head
William C. Head answered on Aug 11, 2017

It sounds like your Public Defender is too lazy to take the case to trial. Insist on a replacement attorney, and (if you are going to possibly do jail time) have your day in court, to plead your case. Listen to the attorney you are represented by, since most good criminal attorneys do NOT have... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: What does doc probation for felony dui entail? House raids and daily check-ins?
William C. Head
William C. Head answered on Aug 10, 2017

Every jurisdiction is different. Even within the same state, different probation departments VARY greatly, in their enforcement efforts and procedures. Felony probation can have a dozen or more conditions, including a 4th Amendment waiver, wherein you give up your normal right to NOT be confronted... Read more »

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: D.A. wants 6 months for first felony child endangerment dui in Oklahoma. Can I do anything to help my cause?

6 months in county jail, one year doc probation, 10 years deferred. Had a dui 11 years ago and public into 15 years ago.

Josh Davis
Josh Davis answered on Aug 2, 2017

Do you have a lawyer? That always helps. Depending on the Judge and county that can either be a great offer or you could possibly get something better from the Judge at a sentencing hearing. That's why it's important to consult with an attorney who knows the local judges and what you... Read more »

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: Is a DUI a misdemeanor or a felony in Oklahoma?
Frank A. Urbanic
Frank A. Urbanic answered on Jul 29, 2017

It could be either. Depends on several things. Need more info on the specific case to determine which it is.

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.