DUI Lawyers,,DUI Laws,Penalties

Archive for February, 2006

People facing a DUI case in Oklahoma County only get 15 days following the arrest to prevent the suspension of their driving privileges. Oklahoma and the rest of the state also have in effect two other types of drunk driving cases—DWI  and APC—the technicalities of which can be difficult to grasp without the necessary legal advice from Oklahoma DWI lawyers.

A DWI case in Oklahoma carries lighter penalties, being filed against drivers with a BAC of less than .08 percent. Having only subtle differences, arrests for both DUI and APC in the state trigger two separate cases. The first is a criminal case which could lead to a number of serious repercussions such as imprisonment, fines, mandatory attendance to DUI school, and installation of ignition interlock device.

Filed by the Department of Public Safety, the second is a civil case that could lead to temporary loss of driving privileges. To avoid the automatic suspension that commences 30 days after the arrest, the accused has to request for a hearing at the DPS within the 15-day allotted period.

Upon trial, the DPS evaluates the result of the driver’s field sobriety test. A blood alcohol content of .08 percent or higher for a person of legal age, or at least .02 percent for a driver under 21 years old, is considered a failure. This may result in license revocation from six months to a maximum of three years. The same penalty applies if the driver has otherwise decided to refuse to take the sobriety test.

Before a DUI case in Oklahoma causes any of these consequences, it is best to seek quality legal representation. Contact one of best Oklahoma DWI lawyers the earliest time possible.

RESOURCE BOX:

For legal assistance with a DUI case in Oklahoma County, 1800DUILaws.com can help accused drivers get in touch with one of the most experienced Oklahoma DWI lawyers. Also practicing in the counties of Canadian and Cleveland, Atty. James Todd was a former Police Detective and Felony Prosecutor who now works as a full-time defense lawyer. Log on to http://www.1800duilaws.com or call 1-800-DUI-LAWS to contact him.

Being charged with a DUI is a scary and stress situation that can leave you with many questions about where to go and what to expect. First, it is import to seek professional legal advice from a lawyer. The penalties for a DUI are stiff and a lawyer can help you get a lighter punishment or even get your case dismissed.

Of all the people charged with a DUI in Nashville each year, only 15 make it all the way to trail to have their case decided. Many cases are settled in a few months of the charge, while only a fourth to a third make it to court. The cases that make it to criminal court may take a year to be settled.

Your first court appearance is about a month after you have been charged. You first court appearance is called the Settlement Docket. On this day, up to 100 other defendants are appearing for court. This is when the court sorts through all the cases, settle some, and schedule others for their next court date. Many DUI’s will move on to the next court date.

The next court date is your actual trail. Most DUI trails are settled at this point. If you do not have a skilled DUI lawyer at this point, you should consider getting one. Your trail will either be settled here or sent over to the Grand Jury.

In Nashville, less than 10 percent of cases make it criminal court on their first offense. Those receiving their second offense have a 25 percent chance of making it to criminal court. If sent to criminal court, it may take several months before the trail.

Those convicted of can receive harsh punishments. Those with their first offense may receive 25 hours in jail, the loss of your license for up to a year, probation, a fine, and safety school. You may also have to perform community service picking up garbage, and you will have to wear a vest that states you are a DUI offender.

Those receiving their second offense will have to spend 45 days in year, loss their driving privileges for two years, probation, a larger find, and safety school. The third offense gets even harsher. You would spend 120 days in jail, loss of license for 3 years, an even large fine, safety school, and treatment.

The best way to bet a DUI is simply to not drink and drive in Nashville, TN (or anywhere). It is dangerous and if caught, the punishment can be harsh. If you are charged with a DUI, it is advised that you receive legal counsel from a DUI lawyer in Nashville who understands the local laws.