Tulsa Misdemeanor DUI Lawyer

What Is a Misdemeanor DUI in Oklahoma?

An ordinary first DUI is a misdemeanor under 47 O.S. § 11-902 unless another part of Oklahoma law makes the charge a felony. For an alcohol DUI based on chemical testing, a blood or breath alcohol concentration of .08 or higher is one of the principal ways the State can establish the charge.

A first DUI does not remain a misdemeanor in every situation. Aggravated DUI is a felony, qualifying prior DUI convictions or deferred sentences affect later charges, and Oklahoma law also permits multiple DUI violations committed within one year to be combined and prosecuted as a felony.

What Evidence Does the State Use in a Misdemeanor DUI Case?

When a DUI investigation starts with a traffic stop, the officer usually begins documenting the case before the driver ever steps out of the vehicle. The officer may describe speeding, weaving, crossing lane lines, running a traffic light, driving without headlights, or some other driving behavior as the reason for the stop.

Once the officer suspects alcohol use, the investigation changes. Police may rely on an odor of an alcoholic beverage, bloodshot eyes, slurred speech, difficulty producing a driver's license or insurance information, statements about drinking, problems getting out of the vehicle, field sobriety tests, and a breath or blood test.

The police report is not the only evidence that matters. Body camera and dash camera video, when available, can show what the officer actually said, how the driver responded, how the person walked and spoke, what instructions were given during field sobriety testing, and whether the video matches the description later written in the report.

The Traffic Stop Has to Be Lawful

Police need a lawful reason to stop the vehicle. That reason might be an alleged traffic violation, or it might be driving behavior that gives the officer reasonable suspicion that the driver is impaired.

If there was no lawful basis for the stop, evidence obtained afterward may be challenged in a motion to suppress. Rob compares the reason stated for the stop with the available video and potential other evidence for further review of the facts and circumstances surrounding the stop and arrest.

What Role Do Field Sobriety Tests Play?

Field sobriety tests are a significant part of many DUI investigations. Officers use tests such as horizontal gaze nystagmus, the walk and turn, and the one leg stand when deciding whether they believe there is probable cause for an arrest, and the person's performance will later become evidence in the criminal case.

The circumstances surrounding those tests can affect what the video and testimony actually show. The officer's instructions, the surface where the tests were performed, lighting, traffic, footwear, injuries, balance problems, fatigue, and the person's actual movements can all provide context for the officer's conclusions.

A poor performance does not automatically prove DUI, and a good performance does not automatically defeat the charge. The field sobriety evidence has to be considered with the driving, video, statements, chemical testing, and the rest of the investigation.

A .08 or Higher Test Is Powerful Evidence

A breath or blood test showing an alcohol concentration of .08 or higher is not something that should be minimized. When the test is properly admitted and the surrounding evidence supports the officer's account, the State may have a strong misdemeanor DUI case.

Reviewing the breath test, traffic stop, arrest, or field sobriety tests does not mean that a defect will be found. The purpose of that review is to determine whether there is an actual legal or evidentiary problem that affects the State's case.

In my experience, DUI cases are difficult to get dismissed, especially when the State has a properly admitted .08 or higher test and the video or officer observations support the charge. I still go through the stop, the arrest, the testing, and the video carefully, but I do not tell clients that simply finding something to question in those areas means the case is likely to go away. However, if there is a substantial issue I discover during my review, I will absolutely focus on that issue to try and obtain a dismissal.

In a Tulsa County misdemeanor DUI case I defended, a Tulsa Police Officer Pulled my client over because he believed my client’s tag light was out. The officer observed my client’s vehicle from 150 feet behind and claimed he could not see the tag light from that distance so he activated his lights and initiated a traffic stop. As the officer approached the car, he observed the tag light and noticed that it was actually working. He continued his approach to my client’s vehicle and began questioning my client. He detected an odor of an alcoholic beverage coming from the vehicle and ordered my client out of the car. The officer proceeded to perform field sobriety tests on my client, which he subsequently failed, and was then arrested for DUI. The client then had a BAC of .14 after blowing into the Intoxilyzer breath alcohol testing machine at the jail.

After reviewing all of the discovery, I realized the officer was mistaken about tag light visibility. Under Oklahoma law, a tag light only has to be visible from 50 feet. I filed a motion to suppress the unlawful stop and detention. The officer wrote in his report and testified in the suppression hearing that from 150 feet, he believed the tag light was out. He also testified that as he approached the vehicle he discovered the tag light was actually functioning.

I argued to the court that the officer’s mistaken belief that a tag light must be visible from 150 feet is a misunderstanding of the law and was not a lawful reason to pull over my client and subsequently arrest him. The court agreed, found that the arrest was unlawful, and suppressed everything that flowed from the unlawful stop. The client’s DUI charge was dismissed and has since been successfully expunged from his record.

Past results do not guarantee future outcomes. Every case depends on its individual facts and circumstances.

Breath and Blood Testing Still Have to Be Reviewed

A chemical test can become the central piece of evidence in a misdemeanor alcohol DUI. Rob looks at what type of test was performed, the reported result, whether the test is admissible, whether the required testing procedures were followed, and how the result fits with the rest of the evidence.

That review remains grounded in the actual case. A theoretical possibility that a breath machine could malfunction or that a testing problem could occur is very different from evidence showing that something actually went wrong in the test administered to the person who was arrested.

Penalties for a First Time Misdemeanor DUI

For a first time DUI charge, Oklahoma law requires an alcohol and drug assessment, subsequently following and completing the recommendations from that assessment, and attending a Victim’s Impact Panel. The punishment range is from 10 days to one (1) year in jail, and a fine up to $1,000.

Those are the criminal penalties in the DUI case. Driver's license consequences are handled separately through Service Oklahoma, and the fact that the criminal charge is a misdemeanor does not prevent a qualifying test result or refusal from creating a separate license problem.

A misdemeanor classification also does not mean that every case will end the same way. The actual sentence or disposition depends on the lawful options available in the particular case and what ultimately happens through negotiation, plea, or trial.

The Driver's License Case Is Separate

A qualifying alcohol test or refusal starts a process involving Service Oklahoma that is separate from the criminal misdemeanor case. Waiting for the first criminal court date does not stop that process or make the driver's license issue disappear.

Keep every document you receive concerning your driving privileges, testing, revocation, or the Impaired Driver Accountability Program. The exact notice, the person's driving history, the test or refusal, and any IDAP issues must be reviewed separately from the criminal charge.

How Difficult Is a Misdemeanor DUI to Defend?

A misdemeanor DUI can be defended, but it should not be sold to a client as an easy case to dismiss. When the State has a lawful stop, a properly admitted .08 or higher test, video that supports the officer's observations, and field sobriety evidence that points in the same direction, the prosecution may have a strong case.

The useful questions are much more specific. Was there a lawful basis for the stop? Did the officer have probable cause to make the arrest? Does the video support the written report? Were the field sobriety tests performed under circumstances that affect their meaning? Is the chemical test admissible, and were the required testing procedures followed?

Sometimes those questions reveal a real problem. Sometimes they do not, and a lawyer should be candid with a client about the difference.

Misdemeanor DUI and DWI Are Not the Same Charge

Driving While Impaired, or DWI, is a separate Oklahoma offense. In an adult alcohol case, a concentration above .05 but below .08 falls within the DWI range when the State also has the additional evidence required to prove impaired driving.

DWI and misdemeanor DUI have different legal requirements and consequences. A .06 or .07 test should not simply be described as a “low DUI” when the actual charge and proof fit Oklahoma's separate DWI law.

When a DUI Is No Longer an Ordinary Misdemeanor

An ordinary first offense DUI is a misdemeanor, but certain circumstances move the case outside that category. Aggravated DUI is a felony, and qualifying prior DUI convictions or deferred sentences can make a later DUI a felony as well.

Oklahoma also permits two or more separate DUI violations committed by the same person within one year to be combined and prosecuted as a single Class C2 felony. Someone with multiple DUI arrests close together should not assume that each case will automatically remain a separate misdemeanor.

What Should You Do After a Misdemeanor DUI Arrest?

Keep the bond paperwork, driver's license documents, breath or blood testing paperwork, property receipts, and anything else you received from the officer, jail, court, or Service Oklahoma. Write down what you remember about the stop and investigation while the details are still fresh, including what the officer said, what questions were asked, what field sobriety tests were performed, and what happened with chemical testing.

Do not contact the officer to explain what happened or try to correct something you said during the arrest. If police want to question you further about the alleged DUI, you should decline to answer questions and ask to speak with a lawyer.

Frequently Asked Questions About Misdemeanor DUI

Is a first time DUI always a misdemeanor in Oklahoma?

No. An ordinary first DUI is a misdemeanor, but aggravated DUI is a felony and does not require a prior DUI conviction. Oklahoma also has felony provisions involving qualifying prior DUI history and multiple DUI violations committed within one year. The charge needs to be identified before assuming that a person with no prior DUI conviction is necessarily facing only a misdemeanor.

What is the punishment for a first offense misdemeanor DUI?

A first offense DUI charge requires an alcohol and drug assessment, following the recommendations from that assessment, and attending a Victim’s Impact Panel. The statutory punishment range is from 10 days to one (1) year in jail, and a fine up to $1,000.

The separate driver's license consequences are not included in that criminal punishment. Service Oklahoma handles the license side of the case under a different process.

Is a .08 breath test an automatic conviction?

No, but a properly admitted .08 or higher breath test is powerful evidence for the State and can make a misdemeanor DUI difficult to dismiss. It should not be treated as though ordinary review of the stop, video, field sobriety tests, or testing procedure routinely leads to dismissal. The stop, arrest, admissibility of the test, testing procedures, video, and other evidence still need to be examined. A legitimate problem in one of those areas can affect the case, but a .08 or higher result is not easy evidence to overcome. However, that does not mean that a conviction or jail time are inevitable.

Can a first time DUI be dismissed?

Yes, dismissal is legally possible, but outright DUI dismissals are difficult and should not be presented as a routine result. A dismissal requires a real legal, factual, or evidentiary reason that materially affects the State's ability to proceed.

What if my alcohol concentration was .06 or .07?

An adult alcohol concentration above .05 but below .08 falls within Oklahoma's DWI range when the additional proof required for DWI is present. DWI is a separate offense and should not simply be treated as misdemeanor DUI with a lower test result.

The officer's observations and evidence concerning the person's ability to operate the vehicle become particularly important in a DWI case. The charge on the citation or Information should be checked rather than assuming the test number alone answers the question.

What happens to my driver's license after a first DUI arrest?

A qualifying .08 or higher test result or refusal leads to separate Service Oklahoma action. That driver's license process continues independently of the misdemeanor criminal prosecution.

Read the Service Oklahoma paperwork and keep it with the criminal case documents. The test or refusal, prior driving history, revocation notice, and IDAP status determine what needs to be addressed on the driver's license side.