Elton Jenkins, Attorney at Law
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Norman Criminal Defense Blog

Does failing a breath test immediately indicate a DUI conviction?

After partying with friends or celebrating with coworkers, you choose to drive home after drinking. Though you thought you would prove under the legal limit, after an officer pulled you over on a DUI suspicion, you breathalyze over .08% BAC. You may believe you cannot possibly avoid the serious punishments a DUI conviction can bring in Oklahoma.

Criminal defense attorneys have years of experience defending DUI charges due to breathalyzer evidence. Many individuals do not know that multiple defenses exist that may alleviate the possibility of a conviction. It is essential, however, that when dealing with breathalyzer evidence and a potential DUI, you hire a knowledgeable, aggressive attorney willing to fight for your right to try to avoid penalties.

License suspension and IID consequences for DUI in Oklahoma

Drinking and driving can come with serious consequences, and you certainly hope to avoid finding yourself facing charges for such an offense. Of course, anyone can make mistakes or even face a wrongful allegation, and you may end up in a predicament where you must defend against the charges or face sentencing.

The types of consequences that could take place after a conviction for DUI depend on the circumstances of the situation. If you face a conviction for a first-time charge, the punishment would differ from that of a second-time or additional charge. From license suspension to ignition interlock devices to jail time, you may want to know what you could possibly have to contend with if ever in this situation in Oklahoma.

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.


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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.


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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