Underage Driving Under the Influence - Tulsa Trial Attorneys
Client Reviews From Underage Driving Under the Influence 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. 10/15/19
“GOT MY DUI CHARGED DROPPED!!! VERY HONEST AND EXPERIENCED! VERY EASY TO TALK TOO! SAVED MY CDL LICENSE! TULSA'S #1 DUI ATTORNEY, TRULY THE BEST!!!! P.C. 1/24/19
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.
Underage Driving Under the Influence
It is unlawful for any person under twenty-one (21) years of age to drive, operate, or be in actual physical control of a motor vehicle within this state who:
1. Has any measurable quantity of alcohol in the person’s blood or breath at the time of a test administered within two (2) hours after an arrest of the person;
2. Exhibits evidence of being under the influence of any other intoxicating substance as shown by analysis of a specimen of the person’s blood, breath, saliva, or urine in accordance with the provisions of Sections 752 and 759 of this title; or
3. Exhibits evidence of the combined influence of alcohol and any other intoxicating substance.
Punishment Underage Driving Under the Influence First Conviction
Any person under twenty-one (21) years of age who violates any provision of this section shall be subject to the seizure of the driver license of that person at the time of arrest or detention and the person, upon conviction, shall be guilty of operating or being in actual physical control of a motor vehicle while under the influence while under age and shall be punished:
For a first conviction, by:
a. a minimum fine of One Hundred Dollars ($100.00) and a maximum fine of Five Hundred Dollars ($500.00),
b. assignment to and completion of twenty (20) hours of community service,
c. requiring the person to attend and complete a treatment program, or
d. any combination of fine, community service, or treatment; 47 O.S. 11-906.4(B)
Punishment Underage Driving Under the Influence Second Conviction
Any person under twenty-one (21) years of age who violates any provision of this section shall be subject to the seizure of the driver license of that person at the time of arrest or detention and the person, upon conviction, shall be guilty of operating or being in actual physical control of a motor vehicle while under the influence while under age and shall be punished:
Upon a second conviction, by:
a. assignment to and completion of a minimum of two hundred forty (240) hours of community service, and
b. the requirement, after the conclusion of the mandatory revocation period, to install an ignition interlock device or devices for a minimum period of thirty (30) days.
In addition, a second conviction may be punished by a minimum fine of One Hundred Dollars ($100.00) and a maximum fine of One Thousand Dollars ($1,000.00), or by requiring the person to attend and complete a treatment program. 47 O.S. 11-906.4(B)
Punishment Underage Driving Under the Influence Third Conviction
Any person under twenty-one (21) years of age who violates any provision of this section shall be subject to the seizure of the driver license of that person at the time of arrest or detention and the person, upon conviction, shall be guilty of operating or being in actual physical control of a motor vehicle while under the influence while under age and shall be punished:
Upon a third or subsequent conviction, by:
a. assignment to and completion of a minimum of four hundred eighty (480) hours of community service, and
b. the requirement, after the conclusion of the mandatory revocation period, to install an ignition interlock device or devices for a minimum period of thirty (30) days.
In addition, a third or subsequent conviction may be punished by a minimum fine of One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00), or by requiring the person to attend and complete a treatment program, or by both. 47 O.S. 11-906.4(B)
Can the Court Assess Additional Community Service Hours?
Yes, The court may assess additional community service hours in lieu of any fine specified in this section. 47 O.S. 11-906.4(C)
Additional Penalties the Court May Assess
In addition to any penalty or condition imposed pursuant to the provisions of this section, the person shall be subject to:
1. Upon a first conviction:
a. the cancellation or denial of driving privileges as ordered by the court.
b. the mandatory revocation of driving privileges, which revocation period may be modified as provided by law.
c. the continued installation of an ignition interlock device or devices, at the expense of the person.
2. Upon a second conviction:
a. the cancellation or denial of driving privileges, as ordered by the court.
b. the mandatory revocation of driving privileges, which period may be modified as provided by law.
c. an assessment of the person's degree of alcohol abuse, which may result in treatment as deemed appropriate by the court.
d. the continued installation of an ignition interlock device or devices, at the expense of the person, after the mandatory period of cancellation, denial or revocation for a period.
3. Upon a third or subsequent conviction:
a. the cancellation or denial of driving privileges as ordered by the court
b. the mandatory revocation of driving privileges
c. an assessment of the person’s degree of alcohol abuse, which may result in treatment as deemed appropriate by the court.
d. the continued installation of an ignition interlock device or devices, at the expense of the person, after the mandatory period of cancellation, denial, or revocation for a period.
Definition of Ignition Interlock
The ignition interlock, also known as a breath alcohol ignition interlock device, is a breathalyzer for an individual’s vehicle. The vehicle can be started only after the driver has blown into the device and it reads at a blood alcohol level that meets the state’s guidelines.
Definition of Conviction
The term "conviction" includes a juvenile delinquency adjudication by a court; 47 O.S. 11-906.4(E)
Definition of Revocation
The term "revocation" includes the cancellation or denial of driving privileges by the Department. 47 O.S. 11-906.4(E)
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
Underage Driving Under the Influence
Accidents and Serious Injury
Blood Tests
Drugs vs. Alcohol
Child Endangerment
Effect on Driver’s License
Effect on CDL
DPS Hearing
Defenses
Ignition Interlock Devices
Drug and alcohol Assessment
DUI School
Prescription Drugs and DUI
Marijuana and DUI
DUI Frequently Asked Questions (FAQ)
What is the difference between a breath test and a blood test?
At the time of my arrest, the officer seized my driver license. Can I continue to drive?
What if I just want to be able to drive to work, school, etc.?
Do I need to request an administrative hearing to get a modified drivers license?
What does it mean if my driving privileges are revoked as a result of a DUI?
What happens after the revocation period? Am I free to drive again?
What if I have a a commercial driver license (Class A, B, or C)?
Underage Driving Under the Influence 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.