Stillwater Lawyer BlogHow to Fight a DUI Case in Oklahoma

how to fight a DUI caseA DUI arrest should never be taken lightly, so it is important to learn how to fight a DUI case in Stillwater, Oklahoma.

The consequences of a DUI conviction are severe, but a skilled defense attorney will show you how to fight a DUI case in Stillwater.

DUI in Stillwater

Never take a DUI arrest lightly. Even a conviction on a misdemeanor DUI charge can result in a fine of up to $1,200 and a minimum of 10 days in jail.

What’s more, after you have been convicted on a first DUI charge, a second arrest in a 10- year period can be charged as a felony crime. If you are convicted, you will spend at least a year in prison and pay a fine of up to $7,500. This is in addition to the costs of any court-ordered counseling, treatment, or restitution in the event of property damage.

All DUI charges carry recommended or mandatory periods in which you cannot legally drive, ranging from a month to three years.

In addition, any felony conviction has serious ramifications for your future, including:

  • the revocation of your right to vote;
  • remaining in or joining the military;
  • keeping or acquiring certain professional licenses;
  • restrictions on your ability to own and operate firearms;
  • being hired for certain jobs, especially those working with children or the elderly;
  • difficulty finding housing; and
  • potential problems forming relationships, especially of a romantic nature.

Misdemeanor convictions may sometimes carry one or more of the aforementioned consequences (excluding the loss of your right to vote), depending on the circumstances.

Therefore, it is important that you fight to keep a first DUI conviction off of your record.

How to Fight a DUI Case

There are essentially two general ways to deal with a DUI charge in Stillwater:

1) Plead guilty, pay the fine and have a DUI go on your record.

2) Pay an attorney to fight the charge and keep your record clean.

Just because you are charged with a DUI does not necessarily mean you will be convicted.

Depending on your record and the circumstances of your arrest, an experienced DUI attorney can help you get the charge dismissed and keep the DUI off of your record — or at least to minimize the consequences if you are indeed convicted.

If you plead guilty, even as a first-time offender, you will likely receive stiffer penalties. You will also have a DUI conviction on your record, which will in turn put you at the risk of receiving much harsher penalties if you are charged with another DUI in the next 10 years.

Defenses

First of all, it’s important to remember that the prosecution must prove its case against you beyond a reasonable doubt.

If the State cannot prove any of the elements required for a DUI conviction, or if the police violated any rules in making the traffic stop or administering your Breathalyzer or field sobriety test, it will fail to prove its case beyond a reasonable doubt. As a result, the charge against you will be dismissed.

Thus, the two most common ways of fighting a DUI in Stillwater are:

1) challenging the arresting officer’s right to stop you, and

2) challenging the validity of the Breathalyzer or field sobriety test that was administered to you after you were stopped.

In many cases, an experienced DUI attorney can review the details of your arrest to look for violations in protocol that can lead to the dismissal of the charges against you.

For example, if the arresting officer did not see you committing any traffic violation, the officer may not have had sufficient reason to stop you. Therefore, your attorney may petition the court to dismiss the case against you.

Likewise, the officer may not have administered the Breathalyzer or the field sobriety test to you in accordance with standard procedures. Sometimes, the officer may have forgotten to test you at all.

If your attorney can prove that the officer did not follow standard procedure in ascertaining your blood alcohol level, your case may be dismissed.

In any event, only an experienced Stillwater DUI lawyer will have the skills to spot these violations and use them in your defense. So, it would be to your advantage to consult with an attorney who can talk to you about how to fight a DUI case before making any decisions about how to proceed.

Free Consultation: Stillwater DUI Attorney

For more information on how to fight a DUI case, contact an experienced Stillwater DUI attorney.

Wirth Law Office – Stillwater offers free, no-obligation phone consultations with a DUI defense attorney in Payne County. All you have to do is call 405-673-1600 or 1-888-Wirth-Law (1-888-947-8452).

Or, if you prefer, you may submit the “Ask an Attorney” form at the top right of this page.

Either way you reach out to our team, the Stillwater lawyer will return your call in the timely manner that you deserve.

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