Oklahoma is cracking down on DUI offenders. Under old (and now obsolete) law, some drivers were able to have their DUI charges filed in courts that are not considered "courts of record," such as municipal courts in cities or towns other than Oklahoma City or Tulsa. Less fortunate drivers had their charges filed in municipal courts of record such as those found in Oklahoma City and Tulsa, or in district (state level) courts located in county courthouses. This led to very unequal results for different offenders because the second DUI in a court of record is enhanceable to a felony. Drivers with multiple DUIs in courts not considered courts of record were never subject to felony charges.
UNDER CURRENT OKLAHOMA LAW, all DUIs prosecutions now occur in courts of record. Now that District Attorneys will be able to see every DUI charge, every repeat offender will be vulnerable to felony charges. It is important for one to understand that DUI law is equally applicable to everyone who drives under the influence, regardless of the substance. Simply put, the law looks at every impaired driver the same way, no matter what substance (alcohol or other drug) is causing the impairment. It is also very important for one to understand that it is illegal to drive under the influence of legally prescribed medication if the medication impairs his or her ability to drive. Additionally, it is illegal to be in "actual physical control" of a vehicle while under the influence. Even if you are sleeping in your car, you are deemed to be in actual physical control of your vehicle if you have access to your keys.
Driving under the influence is behavior that puts others at serious risk and is a serious criminal offense. Penalties vary in severity and can include (but are not limited to) incarceration, fines, and the revocation of an individual's license to drive.
If you've been arrested for DUI in Norman, OK, McClain or Grady County, please don't hesitate to contact me as soon as possible for immediate assistance and a free consultation.
