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Oklahoma DUI / DWI Questions & Answers
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.

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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.

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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.

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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.

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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...
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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 www.garyjdean.com...
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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 Head
William 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 »

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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 Head
William 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 could... 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.

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

A person I know has had 3 dwi in Tx and now one in okla somehow 1 in Tx was tossed out. All resulted in a totaled car and the last one in okla resulted in hitting a 18year old kid on motorcycle he only broke and ankle thank god. How many chances does the system give u the bond was only set at 7,500... Read more »

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

The purpose of bail is to ensure one's appearance in court. It's not to punish. We are presumed innocent until proven guilty.

1 Answer | Asked in DUI / DWI and Immigration Law for Oklahoma on
Q: If someone lived here years and went back to Mexico city and now can't come back is there anyway he can if so how
Frank A. Urbanic
Frank A. Urbanic answered on Jun 6, 2017

Yeah that person can come here legally. Consult the local consulate to figure out the legal way to enter the United States.

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: My daughter got a dui but she was not driving. The driver wrecked the car and then took off on foot.

She stayed with the car but took the keys out of the ignition and locked the vehicle. she had the keys in her purse when the police arrived but was not in the car. Can we get the dui dropped?

Josh Davis
Josh Davis answered on Jun 5, 2017

Probably. Unless the officers saw her I'll bring the vehicle or she was in the driver seat when they arrived, they will not be able to meet the elements of the crime. I would recommend consulting with a local attorney such as myself. Please let me know if I can be of further help.

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1 Answer | Asked in DUI / DWI for Oklahoma on
Q: Is it possible to get a dui if I'm on a bike?
Josh Davis
Josh Davis answered on May 5, 2017

It will depend upon the statutory language in your jurisdiction, but usually you cannot get a DUI without a motor. You may, however, still be guilty of a public intoxication.

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