Felony DUI - Tulsa Trial Attorneys
Client Reviews From Felony DUI Cases
“THIS WAS MY SECOND DUI CHARGE. I DON’T BELIEVE I WAS IMPAIRED EITHER TIME. THE FIRST TIME I PAID A BUNDLE AND ENDED UP HAVING TO DO PROBATION, CLASSES, AND HAVE AN INTERLOCK. THIS TIME I HIRED BOEHEIM FREEMAN LAW AND THEY FOUGHT THE OFFICER’S CLAIM I WAS INTOXICATED AND IT ENDED UP GETTING DISMISSED. THEY ALSO FOUGHT THE REVOCATION OF MY LICENSE AND WON. THE BEST PART IS THEY COST HALF OF WHAT I PAID LAST TIME.” A.B. 10/15/19TIME IS OF THE ESSENCE
"THANK YOU FOR TAKING THE TIME TO EXPLAIN EVERYTHING TO MY HUSBAND AND I. UNDERSTANING WHAT WAS HAPPENING MADE IT SO MUCH EASIER TO DEAL WITH." R.L.
First and foremost, call us right away at 918-884-7791. Depending on your circumstance and your charges, you may have a specific time to respond. Whenever there is an arrest, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. With a DUI there are four key issues that are effected by waiting;
IF YOU HAVE BEEN FALSELY ACCUSED OF DRINKING WE NEED TO HAVE YOU TAKE AN ETG TEST AS SOON AS POSSIBLE,
YOU ONLY HAVE 15 DAYS TO CHALLENGE THE SUSPENSION OF YOUR LICENSE,
EARLY SUBPOENAING OF DASH CAM VIDEO AND CHEMICAL BREATH TESTING SERVICE LOGS MAKES FOR A QUICKER RESOLUTION,
DEPENDING ON YOUR IMMIGRATION STATUS RECEIVING A REASONABLE BOND FROM THE STATE MAY MAKE ALL THE DIFFERENCE BETWEEN SITTING IN JAIL OR AT HOME AWAITING RESOLUTION OF YOUR CASE.
What Happens After you Have Been Arrested?
Let’s start at the beginning: You, or a family member, are arrested and taken to jail…What happens next?? The first step in the criminal justice system is called video arraignment. It takes 48 to 72 hours to be arraigned. Through video technology you will be brought before a judge who will tell you what you are being charged with, what your bond amount is, possibly appoint the Public Defender, and give you your next court date. If you are without papers you will not receive a bond, unless you have hired a private attorney who specifically asks the judge to set a state bond. The next step depends on whether you are charged with a misdemeanor or a felony. A misdemeanor is a less serious crime and carries a maximum sentence of one year in Tulsa County Jail. If you are without papers, you may still be allowed to stay in the country if the criminal misdemeanor case is handled properly. A felony is much more serious because it potentially carries multiple years of prison incarceration, as well as almost guaranteeing deportation for anyone without citizenship.
If you are charged with a felony, then your next court date will be a Preliminary Hearing and will be approximately three weeks after arraignment. During this time your attorney will be given the opportunity to negotiate on your behalf for a plea arrangement. If an agreement is made between you and the ADA, then the Preliminary Hearing will not be necessary. So, what is a preliminary hearing? It is sort of a mini-trial where the DA’s office is given the opportunity to call witnesses and produce evidence, and they must show that more likely than not they can prove all of the elements of the crime, which you have been accused. In most cases, this is not a very difficult task, because although your attorney is able to cross-examine their witnesses, you and your attorney are not usually allowed to call witnesses of your own or mount a specific defense. If the ADA is unable to prove all of the elements, then the case will be dismissed. This happens very rarely, but it does happen. If they prove the elements, then you are bound-over for District Court. This is just a fancy term for a Status Conference to decide whether you are going to accept a plea agreement or go to trial. This will occur about one week after the Preliminary Hearing. If you decide to fight the charges all the way to trial, it will take approximately nine months
Three Important Things to Remember
(1) Nothing happens as quickly as you would like it to, especially if you or your loved one is in jail. Be patient!
(2) You deserve to have answers. Find an attorney that will take the time to answer all of your questions. It is important that you make well-informed decisions.
(3) Don’t let your attorney talk you into pleading guilty to the first offer. Hire an attorney who is not afraid to take your case to trial. Even if you just want to get it over with, an attorney who is willing to fight will almost always get you a better deal.
What if you get Arrested for DUI or DWI?
You may be embarrassed and worried about how the drunk driving arrest will affect your life. You should be concerned about a your drivers license being suspended and about the criminal consequences, like probation, jail or fines.
No one ever intends to be arrested for drunk driving or driving under the influence of drugs. You are out for a night of fun and relaxation, and the next thing you know you are pulled over. How you handle the next minutes, hours and days can impact your freedom, your job, and your license. Get experienced representation immediately!
Why do I Need an Experienced DUI Attorney?
If you have been arrested for driving under the influence for the first time, you may not fully understand the need for experienced legal advice and representation of a Tulsa DUI Lawyer. Time is limited. It is vital that you take action against a conviction - even you first conviction is subject to harsh penalties. Additionally, court process is filled with legal technicalities. You need a highly trained and experienced attorney who has handled hundreds, if not thousands of DUI cases to insure that all stones are turned over .
After the arrest, you have only 15 days days to request a DPS Hearing (Department of Public Safety). Otherwise, you will automatically have a suspended license in addition to a conviction on your criminal record. Your best hope for avoiding these painful consequences is to hire an attorney with the experience to fight skillfully and aggressively in your defense. An experienced attorney can guide you through how to challenge and fight your case, but time is of the essence.
CALL OUR EXPERIENCE DUI ATTORNEYS AT 918-884-7791
What are the Issues you and Your Attorney Should be Discussing?
The first focus should be on whether you need to get a making sure you have requested a DPS hearing within. Next you need to discuss an EtG test if the stop was for alcohol or a blood test if the stop was for drugs. These need to be done as soon as possible. An experienced attorney will discuss with you whether the police officer had probable cause to stop your vehicle and then whether you gave them any indication of intoxication or impairment. Finally, you should discuss the request and results of a field sobriety test, breath tests, and blood tests.
How Can Your Attorney Fight for You?
Was it a legal constitutional stop?
Did the officer follow procedure in testing you?
Was the SFST done properly?
Was the breath test done properly?
Was the blood test done properly?
More Issues and Things to Know
Accidents and Serious Injury
Drugs vs. Alcohol
Effect on Driver’s License
Effect on CDL
Ignition Interlock Devices
Drug and alcohol Assessment
Prescription Drugs and DUI
Marijuana and DUI
DUI Frequently Asked Questions (FAQ)
Felony DUI Litigation Expertise
These arguments are about statistics, chemistry, and biology. You need an attorney who not only knows the law, but also knows the science. Let Boeheim Freeman Law’s expertise and training in science go to work for you challenging the officer's use of an SFTS, DRE, or Breath and Blood Testing.