Oklahoma DUI / DWI Attorney
Among the successes Joseph Norwood has had defending his clients are those charged with DUI and DWI. Attorney Norwood has successfully defended DUIs by challenging the methods that the field sobriety tests were given and the method by which the breathalyzer was given. In addition to challenging a DUI on the field sobriety tests and the breathalyzer, a DUI can be challenged on the way that an officer pulled a citizen over. Was a traffic violation actually committed? If not, the officer had no probable cause to have pulled the citizen over and the DUI should be dismissed. Joseph Norwood has successfully defended many DUIs and other criminal charges in these ways.
Felony and Misdemeanor DUI
In Oklahoma a person can face a DUI (driving under the influence) or DWI (driving while intoxicated) charge as a felony or a misdemeanor or in State District Court or municipal court. Municipal courts in Oklahoma can only hear criminal misdemeanor cases. A misdemeanor criminal charge is generally defined as a criminal charge that has a maximum sentence of one year in the county or municipal jail. A felony is any criminal charge that has a sentence of one year or more. In the state of Oklahoma the maximum that any person charged with DUI can face is 10 years in the Oklahoma Department of Corrections. In Oklahoma some criminal charges are considered violent or eighty five percenters (85%), meaning that a person must serve eighty five percent of the time sentenced to before being considered for credit time or good time. In Oklahoma a DUI is never the dreaded eighty five percent sentence.
Notification must be made to the DPS within 15 days of being arrested
Besides the criminal issues that a person has to be concerned about when facing a DUI charge, a person also faces issues with their driver's license. An attorney that knows what to look for and how the Department of Public Safety operates can spare a person from the negative effects of a restricted or suspended driver's license. Joseph Norwood has worked successfully many times to spare his clients these negative effects. Every person that is facing a challenge by the Department of Public Safety to their driving privileges is entitled to a hearing. For a person to exercise their right to the hearing the DPS must be notified in writing within 15 days of a person being arrested for a DUI.
Expungement
In Oklahoma the blood alcohol content that a person must have to be considered legally drunk is .08. The limit is lower for DWIs. People in their early twenties and teens who are arrested for DUI or DWI can take advantage of the youthful drunk driving program. This allows them the opportunity to have the case expunged off their record when older people may not have that opportunity.
Most people can have an opportunity to have their case expunged. The ways and reasons that this can happen are too numerous to be listed here. A person can have their case expunged after a not guilty, a dismissal in some circumstances or the successful completion of a deferred sentence.
For a free consultation on your situation call 918.582.6464 or email Joseph Norwood at josephnorwood@oklahomaadvocate.com.
