Elton Jenkins, Attorney at Law
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Norman Criminal Defense Blog

Second offense DUI brings serious consequences

Of all the places to face an arrest for drunk driving, Oklahoma is one of the harshest. Ranking among the top states for strict penalties, Oklahoma takes DUI seriously, and your concerns for your future are well founded. In fact, Oklahoma is one of only a handful of states where a second DUI charge within the lookback period is an automatic felony. The lookback period in Oklahoma is ten years.

If you are facing a second or subsequent charge of driving under the influence within the past ten years, you have a lot at stake. You would be wise to seek legal counsel to see what options are available to minimize the penalties you may face.


drug test.jpg What's going to happen? Testing positive or failing to take the test can be a probation violation, result in a jail sanction or possibly derail any deals you have in place. There is no way to know how long a certain drug stays in your system. Scroll down for the common guidelines.


The 20 Deadly Sins. 85% Crimes. Click here to see the list!

Possession, intent or possession with intent to distribute?

Law enforcement officers take drug crimes seriously. If you come under suspicion of being involved in drug-related activity, you could face a predicament that could lead to criminal charges, court appearances and possible punishments if convicted. Because you undoubtedly want to avoid a conviction for such allegations, you may need to better understand the charges brought against you.

When it comes to drug possession with intent to distribute, many factors must present themselves in order for such a charge to prove applicable. Possession and intent are two different factors, and if officials add the intent to distribute to a possession charge, you could run the risk of facing more severe consequences in the event of a conviction than you could for a simple possession charge.

Are you eligible to have your criminal slate wiped clean?

Life gets a bit off track sometimes, such as the time a police officer pulled you over in a traffic stop and you wound up facing DUI charges in court. You didn't think you had to worry about conviction because you'd only had a small amount of alcohol to drink that evening; however, you could tell things weren't going your way when the police officer said you failed the field sobriety test. You'd never been in trouble with the law before that day.

Since then, you've heard tell about a process called expungement. This is when the court agrees to erase a conviction from your criminal record; in fact, it can extract any details regarding the unfortunate incident. No one (although there may be a few exceptions) will ever again be able to view your drunk driving conviction in your file.

3 types of DUI evidence that may be used against you

Dealing with criminal allegations can put a considerable damper on your life for a substantial amount of time. No matter what the charges are, you could find yourself dealing with legal proceedings, court costs and other elements that may result in your feeling overwhelmed. If police have charged you with driving under the influence, you will want to focus on what elements could come into play during your case.

By having an idea of what factors the prosecution may try to use as evidence against you, you can feel competent in building and presenting a meaningful criminal defense. Three types of evidence typically play a role in determining whether a person was under the influence.

But I wasn't even driving. Can I still get a DUI while sitting in my car?

Your son bought a home and you could not be more happy for him. To celebrate, he threw a housewarming party and it was replete with beer, whiskey and BBQ.

You hadn't had much to eat that day, so you sat down for a rack of ribs before heading for a beer. Stuffed and satisfied, you head for a Coors, accompanied by your favorite shot. It had been a hard week, and this was a great occasion to let down.


Elton Jenkins, Attorney at Law
115 South Peters
Suite 6 A
Norman, OK 73069

Phone: 405-928-8708
Fax: 888-342-7754
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