If you have been issued a DUI in Guthrie, Oklahoma and are seeking legal representation contact John Mac Hayes today at 405-235-5200.
If you are arrested for DUI in Guthrie, Oklahoma, you can be charged with a felony if certain “aggravating circumstances” are present. Even after you serve your time, the stigma of a prior felony conviction can haunt you for the rest of your life. Do not try to defend yourself in court or plea bargain with the prosecutor when the stakes are this high – you need the services of a skilled and aggressive Oklahoma DUI lawyer.
Oklahoma DUI Overview
The Oklahoma state legislature has enacted some of the toughest DUI laws in the United States. Conviction of even a first offense will result mandatory jail time and suspension of your driver’s license, along with a stiff fine and mandatory substance abuse counseling. Second and subsequent offenses are charged as felonies that can result in years of prison time. Although the minimum Blood Alcohol Content (BAC) necessary to support a DUI conviction is 0.08, if you are under 21 at the time of your arrest you can be convicted of DUI with a BAC as low as 0.02 percent. If you hold a commercial driver’s license, the legal BAC limit is 0.04 and a license revocation could cost you your livelihood. You can be convicted of DUI even if your BAC is below these limits if the officer observes you driving recklessly.
In Guthrie as well as the rest of Oklahoma, you can be charged with felony DUI if any of the following aggravating factors are present:
- A previous DUI anywhere in the United States within the last 10 years.
- A previous “wet reckless” conviction within the last 10 years. “Wet reckless” is a lesser offense that is usually imposed the result of a plea bargain by a defendant initially charged with DUI. Even though a wet reckless conviction is less serious than a DUI conviction, a subsequent DUI conviction within 10 years is treated as felony DUI just as if the original conviction had been for DUI instead of wet reckless.
- A BAC of 0.15 or higher. Note that Oklahoma law makes no distinction between those who can “hold their liquor” and those who can’t.
- DUI while transporting a minor. This is considered a form of child endangerment.
- DUI resulting in an accident in which someone is killed. In this case, you do not have the right to refuse a Breathalyzer or other chemical test – the officer is entitled to force you to submit to testing.
Consequences of a Felony Conviction
As a convicted felon, you will never be allowed to vote or own a firearm. You cannot even own a Taser. You will be barred from many professions, especially those that require licensing, and you may find it difficult to secure any employment at all.
A felony DUI charge is not going to go away all by itself. To win an acquittal or plea bargain your charge down to a misdemeanor, you will need the services of a Guthrie, Oklahoma DUI lawyer who has a working relationship with local prosecutors and knows the ins and outs of the local legal system. If you have been arrested or charged with felony DUI in Guthrie or elsewhere in the Oklahoma City metro area, call John Mac Hayes at 405-235-5200 as soon as possible for a free initial consultation. Your future may depend on it.