DUI Defense

Driving under the influence (DUI) is a serious offense in Oklahoma, and the state has enacted stringent laws and programs to address the issue. One such program is the Impaired Driver Accountability Program (IDAP), which is designed to provide education, treatment, and monitoring for individuals convicted of DUI offenses.

This article will explore IDAP’s role in Oklahoma’s drunk driving laws and how it benefits both offenders and the community.

What is IDAP?

IDAP, or the Impaired Driver Accountability Program, is a court-supervised program designed to provide rehabilitative services and monitoring for individuals convicted of driving under the influence (DUI) or driving while impaired (DWI) in Oklahoma. The program focuses on addressing the underlying issues that contribute to impaired driving, such as substance abuse or addiction, and aims to prevent future offenses. With proper compliance, the participant can eventually regain full driving privileges.

Eligibility for IDAP

Not all DUI or DWI offenders are eligible for IDAP.

To qualify, an individual must meet the following criteria:

1. Must be a first-time offender.
2. The offense must not have resulted in death or serious bodily injury to another person.
3. The offender must not have been driving a commercial vehicle at the time of the offense.
4. The offender must be deemed suitable for the program by the court, taking into account factors such as their criminal history, the circumstances of the offense, and their willingness to participate.

How IDAP Works

Once an individual is deemed eligible for IDAP, they are placed under court supervision and must adhere to the program requirements.

These may include:

1. Substance Abuse Assessment and Treatment: Participants must undergo a substance abuse assessment, and if required, complete a treatment program approved by the court.
2. Alcohol and Drug Education: Offenders must attend and complete an alcohol and drug education program.
3. Ignition Interlock Device: Participants may be required to install an ignition interlock device in their vehicle for a specified period. This device prevents the vehicle from starting if the driver’s blood alcohol concentration (BAC) is above a predetermined limit.
4. Regular Reporting: Offenders must report to the court regularly, either in person or through electronic means, to provide updates on their progress and compliance with the program.
5. Community Service: Participants may be required to complete community service hours as determined by the court.
6. Other Conditions: The court may impose additional conditions, such as attending support group meetings or participating in counseling sessions, based on the specific needs of the individual.

Benefits of Participating in IDAP

There are several benefits to participating in the Impaired Driver Accountability Program:

1. Alternative to Incarceration: IDAP offers first-time offenders an alternative to jail time, allowing them to maintain employment and family commitments while addressing the issues that led to their offense.
2. License Reinstatement: Successful completion of the program may result in the reinstatement of driving privileges, subject to court approval and the fulfillment of all other requirements.
3. Reduced Recidivism: By addressing the root causes of impaired driving, IDAP aims to reduce the likelihood of repeat offenses, promoting public safety.
4. Personal Growth: Participants have the opportunity to address substance abuse issues, develop healthy coping mechanisms, and make positive changes in their lives.

Low-cost Consultation With an Oklahoma DUI Attorney

Everyone deserves a second chance. If you have been convicted of a DUI in Oklahoma, call the Tulsa Criminal Defense Law Firm at (918) 256-3400 to speak with a Tulsa DUI attorney. If you prefer email, fill out the form at the top of the page and an Oklahoma DUI lawyer will be in touch with you shortly.

A DUI arrest should be taken seriously; even a misdemeanor DUI arrest can land you in prison. A second DUI in Oklahoma will be classified as a felony and not only affect your ability to drive, but also your ability to vote, to get a job, get into the military and to receive an education. So, it is extremely important to avoid that first DUI conviction altogether.

Your Options for Dealing with a DUI in Tulsa, Oklahoma

Typically, a DUI arrest in Tulsa, Oklahoma can be dealt with in a couple of different ways.  You can either:

1. Pay a fine to the city and have a DUI on your record.

2. Pay that same money to a lawyer and walk away with a clean record.

If you want to go to court alone to present your case, and you are prepared to deal with the consequences of the judge’s decision, whatever it may be, then you can. But a better alternative is to hire a lawyer to resolve the matter in a more satisfactory way and in a manner in which it will not follow you for the rest of your life.

An attorney can examine your record, the circumstances of your case and, most of all, the evidence to decide if you should pay a fine or fight the case.

Defending a DUI in Tulsa, Oklahoma

Defending a DUI in Tulsa, Oklahoma can be successful in a number of different ways. Two of the most effective ways of defending a DUI in Tulsa are by challenging 1) the police officers right to detain you and 2) the field sobriety test given to you at the time.

In certain circumstances, if the arresting officer did not see you driving or committing any traffic violations, he or she may not have had sufficient reason to stop you. If you attorney can prove that the officer had insufficient reason to stop you, your case may be dismissed.

In other cases, the officer may have not given you a field sobriety test or may not have administered it to you in accordance with standard procedures. If your attorney can prove that the police did not follow standard procedure, your case may be dismissed.

In either circumstance, only an experienced attorney will be able to spot these legal and factual issues and apply them to your case in a manner that will benefit you.

Conclusion

The most important thing with a DUI arrest in Tulsa, Oklahoma is to try to keep it off your record. An experienced DUI attorney can help you in defending a DUI in Tulsa, Oklahoma to help you avoid receiving that first DUI conviction by getting your charges reduced and preventing the offense from going on your record.

It’s also important to note that neither the city, the police nor the prosecutor are there to help you. Furthermore, while the judge may be impartial, he also works on behalf of the city. So you need someone in your corner to fight on your behalf from the beginning to the end of the proceeding . So when you have been charged with a DUI in Tulsa, Oklahoma, you need to call an experienced Oklahoma DUI attorney to assist you in getting the matter resolved with the best possible result.

Initial Consultation: Tulsa DUI Attorney

If you’ve been arrested for a DUI in Oklahoma, it’s time to reach out to a team that knows how the police and prosecutors in Tulsa operate. Just because you’ve been arrested doesn’t mean you don’t have rights. That’s why you need a Tulsa DUI Attorney who can provide skillful assistance in your case.

Simply call our team at the Tulsa Criminal Defense Law Firm at (918) 256-3400 for a no-hassle, confidential consultation. If you prefer the Tulsa DUI attorney to call you or reach you by email, click here to ask your questions via the online consultation request form.

A felony conviction in Oklahoma can have serious consequences on the rest of your life, the most of obvious of which is that you can be sentenced to incarceration in a state penitentiary for many years. But even if you don’t serve jail time, a felony conviction can have devastating effects on your personal life, in terms of your ability to find employment, rent property and do business with banks, among other things. For this reason, one of the most frequent questions asked by a person charged with a DUI in Oklahoma is whether or not a DUI is a felony in in the state Oklahoma.

The simple answer is that a DUI a can be either a misdemeanor or a felony in Oklahoma.

Felony DUI in Oklahoma

Normally, a first DUI in Oklahoma is a misdemeanor, but there are four general instances in which a DUI offense can become a felony DUI:

1. If you have a second DUI in a 10 year period, the second DUI may be classified as felony DUI.

2. If you have a DUI that results in substantial bodily injury or the death of another person, that DUI may be charged as a felony DUI.

3. If your current DUI is the third or subsequent offense, it will be classified as a felony DUI.

4. If you have a child in the car at the time of your DUI offense, you may be charged with a felony DUI.

The penalties for a felony DUI are more severe than for a misdemeanor DUI. If you are convicted of a felony DUI in Oklahoma, you will face one or more the following consequences:

• a suspension of your driver’s license.

• a minimum of one year and up to twenty years in a state penitentiary.

• up to $5000 in fines.

• mandatory alcohol and drug treatment.

• community service.

• an ignition interlock device placed on your car for up to eight years.

The severity of the penalties you receive for a felony DUI conviction in Oklahoma will depend on a number of different factors, among them:

• Any prior alcohol related offenses (DUI, DWI, DUI-D or APC) on your record.

• Your blood alcohol content (BAC) at the time of the offense.

• Whether or not your DUI resulted in an accident.

• Whether or not your DUI resulted in serious bodily injury to another person.

• Whether or not your case was filed in a municipal or district court.

• Whether or not you had a child in the car at the time of your offense.

• What judge hears your case.

Initial Consultation: Tulsa DUI Attorney

If you’ve been arrested for a DUI in Oklahoma, it’s time to reach out to a team that knows how the police and prosecutors in Tulsa operate. Just because you’ve been arrested doesn’t mean you don’t have rights. That’s why you need a Tulsa DUI Attorney who can provide skillful assistance in your case.

Simply call our team at the Tulsa Criminal Defense Law Firm at (918) 256-3400 for a no-hassle, confidential consultation. If you prefer the Tulsa DUI attorney to call you or reach you by email, click here to ask your questions via the online consultation request form.