If you’ve been charged with driving under the influence (DUI) in Oklahoma and another person was injured while you were at the wheel, you are probably frightened and confused. You are indeed facing a potentially life-altering situation.
You need the advice and representation of an experienced Oklahoma DUI with injury defense attorney. At Fabian & Young, we will get to work preparing your strongest defense to achieve your best possible outcome. Contact us today for a free consultation.
Understanding DUI with Injury Charges
In Oklahoma, a DUI charge becomes significantly more severe when it involves injury to another person. The law distinguishes between regular injuries and what’s termed “great bodily injury.”
Great bodily injury is defined as an injury that poses a substantial risk of death, causes serious permanent disfigurement, or results in long-term loss or impairment of any bodily function or organ.
The severity of penalties is directly related to the extent of the injury and your prior DUI history. For a first-offense DUI with injury (not classified as great bodily injury), you’re looking at a misdemeanor charge, potentially facing 90 days to 1 year in county jail and fines up to $2,500.
However, if it’s a second offense or if the injury is deemed “great bodily injury,” the charge will be a felony. This could result in 1 to 5 years in state prison and fines up to $5,000. Make sure to speak with a felony DUI offense attorney in Oklahoma for legal guidance in this situation.
In the most severe cases, where a DUI accident results in a fatality, charges can range from manslaughter to second-degree murder, carrying potential life sentences. The stakes are undeniably high, which is why you need exceptional legal representation from a DUI manslaughter lawyer in Oklahoma.
The prosecution must prove several elements to secure a conviction. They need to establish that you were operating a vehicle while under the influence of alcohol or drugs, that your impairment was the cause of the accident, and that the accident resulted in injury to another person. Each of these elements provides an opportunity for your skillful Oklahoma DUI injury defense attorney to challenge the prosecution’s case.
DUI with Injury Conviction Can Have Heavy Consequences
Beyond the immediate legal penalties, a DUI with injury conviction can have far-reaching implications that can affect many aspects of your life. Some of these consequences include:
License Suspension – Your Oklahoma driving privileges will probably be revoked or suspended for a long time. This can impact your ability to work or fulfill family obligations. The length of a license suspension can vary based on the severity of the offense and your prior record. In some cases, you may be eligible for a restricted license that allows you to drive to and from work or school, but this is not available in every case.
Employment Challenges – A felony conviction can greatly limit job prospects. Many employers are reluctant to hire people with DUI convictions, especially those involving injury. Background checks are common in many industries, and a DUI with injury on your record can prevent you from being hired. Some professions may be entirely out of reach, especially those involving driving or working with vulnerable populations.
Educational Hurdles – College admissions and financial aid opportunities may be at risk. Many educational institutions ask about criminal convictions on their applications, and a DUI with injury could affect your chances of acceptance. Federal student aid may also be impacted, particularly if you’re convicted while receiving aid.
Professional Licensing Issues – If you hold a professional license (e.g., medical, legal, teaching), it could be suspended or revoked. Many licensing boards have ethical standards that licensees must uphold, and a DUI with injury conviction may be seen as a violation of these standards. You may be required to self-report the conviction to your licensing board, which could trigger disciplinary proceedings.
Insurance Changes – Expect a big increase in auto insurance premiums. Some insurance companies may even refuse to cover you, forcing you to seek high-risk insurance at much higher rates. This increased cost can last for many years after your conviction.
Social and Family Strain – Relationships with friends and family may be strained. The stigma associated with a DUI, especially one involving injury, can lead to social isolation and stress on personal relationships. It may take time and effort to repair the trust of those close to you.
Civil Liability – You may face lawsuits from those injured seeking compensation for medical expenses, lost wages, and other damages. These civil liability lawsuits are separate from criminal proceedings and can result in heavy financial burdens, potentially leading to wage garnishment or asset seizure if judgments are made against you.
Long-term Financial Impact – The combination of fines, increased insurance rates, potential civil judgments, and possible loss of employment can create a tremendous long-term financial burden. This can affect your ability to secure loans, rent housing, or make major purchases in the future.
Considering the immediate and long-term consequence of a conviction for DUI with injury, you must prepare your best defense. You need an experienced Oklahoma DUI injury defense attorney on your side for this battle.
Legal Strategy and Defense Options
If you’re facing DUI with injury charges, consider the following steps to help protect your rights and your ability to build a strong defense:
- Invoke Your Right to Remain Silent: Do not discuss the incident with law enforcement without legal counsel present. Anything you say can be used against you in court, so it’s crucial to exercise your Fifth Amendment rights.
- Secure Experienced Legal Representation: Retain an attorney who focuses on DUI defense, particularly those involving injury. An experienced DUI injury defense lawyer can guide you through the confusing parts of your case, identify potential weaknesses in the prosecution’s case, and build a strong defense strategy.
- Stay off Social Media: Avoid posting anything related to your case on social media platforms. Prosecutors may monitor your online activity, and posts can be used as evidence against you.
- Comply with Court Orders: Ensure strict compliance with all court mandates and appear at all scheduled hearings. Failing to do so can result in additional charges and damage your credibility with the court.
- Gather Important Evidence: Collect witness statements, relevant medical records, and any documentation of medical conditions that might have influenced the situation. This information can be crucial in building your defense or negotiating a plea deal.
- Consider Substance Abuse Evaluation: Voluntarily undergoing an evaluation can demonstrate proactive responsibility to the court. It may also help in developing a treatment plan that could be viewed favorably by the judge.
Your Oklahoma DUI with injury attorney will build your best defense, including challenging the prosecution’s case against you. Some of the defense strategies your attorney may use include:
Challenging the Legality of the Traffic Stop: Your attorney will question whether probable cause existed for the initial police interaction. If the stop was illegal, any evidence obtained as a result may be inadmissible in court.
Contesting Field Sobriety and Chemical Tests: They may be able to contest the administration and reliability of these tests. Field sobriety tests can be affected by factors such as physical conditions or environmental circumstances, while chemical tests may be challenged based on the calibration of equipment or the qualifications of the administrator.
Exploring Medical Explanations: Your DUI injury defense attorney in Oklahoma will investigate whether any medical conditions could have affected test results or appeared to mimic intoxication. Conditions such as diabetes, epilepsy, or certain neurological disorders can sometimes present symptoms similar to intoxication.
Employing Accident Reconstruction Experts: In some cases, your DUI injury defense lawyer in Oklahoma will use these experts to show that the accident might have occurred regardless of intoxication. Expert testimony can sometimes show that the collision was unavoidable or caused by factors other than your impairment.
Negotiating Plea Bargains: Your attorney may be able to negotiate a plea deal for a lesser charge or reduced sentencing. This can be particularly beneficial if the evidence against you is strong.
Contact a DUI Injury Defense Attorney in Oklahoma
If you’ve been charged with a DUI in Oklahoma and another person was injured while you were driving, you are facing harsh consequences. You need a skillful DUI defense attorney experienced in these types of cases.
At Fabian & Young, we will get to work preparing your strongest defense to achieve your best possible outcome. Contact us today to schedule your consultation and get the help you need.