Understanding the New DUI Regulations
Hi, I’m Tulsa DUI attorney Carl Birkhead with Wirth Law Office in Tulsa, Oklahoma. I’ve been doing criminal defense for about eight years now, and I want to talk to you about how the DUI statutes in Oklahoma are going to be changing starting in November of this year.
The crimes of actual physical control and the crime of driving while impaired are going to be gone after November 1st. They are all being consolidated into this DUI statute. But it is more than just changing the crimes on the front end or changing what constitutes crimes.
Changes to DUI Regulations
How they deal with it on the back end is also coming into play here. So one aspect of it, and this is more on the front end, is that they are specifically including language to make sure that you cannot claim medical marijuana as an exception to DUI.
There’s actually a provision, I think it’s in paragraph B, that says having the legal authority to use or possess alcohol or a controlled or dangerous substance is not in itself a defense. Having a prescription doesn’t cut it.
The Consequences of Refusing a State Test
The other thing that’s changing is that even when you are pulled over and you’re stopped for DUI, you are going to face some fun challenges if you refuse the state’s test. If you refuse to do a breathalyzer, or if you refuse to do the blood draw, things like that, that’s going to be considered an aggravating factor in this case.
It could lead to either an enhanced sentencing range, it could lead to maybe ratcheting it up to a felony, or it could lead to a guarantee that you would have to have an ignition interlock in your car or an interlock for a longer period of time.
Stay Informed and Protected
So it is very important to know what is about to happen here because this is changing very rapidly, and your rights and the regulations regarding this are changing with it. If you have any questions, please give me a call. I’m Tulsa criminal attorney Carl Birkhead with Wirth Law Office.
Schedule a Low-Cost Initial Strategy Session
For personalized legal advice and to better understand how these changes might affect you, call me at 918-879-1681. Schedule a low-cost initial strategy session today to ensure your rights are fully protected.
