DUI Attorneys Help Clients With Drunk Driving Charges:
Approximately 40,000 Oklahoma drivers who received license revocation between 2008 and October 2013 for alcohol-related offenses are seeking class action status for their case against the Oklahoma Department of Public Safety (“DPS”). Specifically, their license revocations fell under an affidavit that the Court of Civil Appeals determined “fatally flawed” in October 2013.
In license revocation cases, state law requires “a sworn report from a law enforcement officer that the officer had reasonable grounds to believe the arrested person” drove or could have driven a car under the influence of alcohol. The affidavit used by police prior to the October ruling required only a description of the driver’s behavior, circumstances of the arrest, and a statement by the officer “that the foregoing is true and correct”. The Oklahoma Supreme Court denied DPS’s appeal in December 2013. In Wagoner County there are many DUI attorneys who are fighting this same fight for their clients.
The plaintiff drivers seek restoration for their licenses. They are also seeking case expungement from their driving records. They also are seeking refunds related to the revocation and reinstatement of their licenses which could total $11 million. Attorneys on both sides agree that the case satisfies the requirements for a class action. The parties await a judicial ruling that the lawsuits can move forward as a single suit. The hearing scheduled for August 7, 2014 to decide the matter of class action status postponed to November 13.
Breathalyzer Test in DUI Cases:
When an officer stops a driver suspected of being under the influence in Wagoner County, a breathalyzer test is administered. A breathalyzer test determes the driver’s blood alcohol content (“BAC”). Under Oklahoma law, driving a motor vehicle implies consent to testing by an officer. Refusal to take the test results in the immediate revocation of your license. The revocation will last from 180 days to 3 years depending on the individual’s driving record.
A reading of 0.08% or more satisfies the legal requirement for intoxication under Oklahoma law. A reading of between 0.05% and 0.08% constitutes impairment, and thus you could found guilty of a DUI. Furthermore, if the driver is under 21, any amount of alcohol in the blood results in license revocation, even if the driver is not convicted of a DUI in court. Oklahoma is a zero tolerance state.
What’s The Penalty For DUI in Wagoner County:
Conviction of a DUI in Wagoner County carries serious penalties. If you receive a conviction of impairment (BAC between 0.05% and 0.08%), the fine is between $100 and $500, up to six months in jail or both. Your license suspends for 30 days, 6 months, or 1 year, depending on whether it is the first, second, or third suspension. The suspensions however, do not require alcohol-related incidents. If you are found guilty of driving while intoxicated (BAC of more than 0.08%), you will be convicted of a misdemeanor or a felony with jail time of from 10 days to 10 years, and fines from $1,000 to $5,000 depending on whether it is a first, second, or third offense.
Many people rely on their cars for transportation to and from work or school. Revocation or suspension of your license can seriously impair your ability to provide for you and your family. As the above-referenced legal case indicates, state officials are not always correct in the way they handle these cases. Sometimes people incur false accusations or experience police infringement of their rights in some way. Your best line of defense is to call competent Wagoner County DUI Attorneys . We handle cases competently and therefore protect your legal rights.
Contact Our Wagoner County DUI Attorneys:
If you receive charges on a DUI in Wagoner County call our Wagoner County DUI Attorneys today. We have helped countless people just like you and have countless happy clients. Call today and get your free consultation.
