Leach & Sullivan, Limited Liability PartnershipLeach & Sullivan, Limited Liability Partnership2026-05-20T08:09:44Zhttps://www.leachsullivan.com/feed/atom/WordPress/wp-content/uploads/sites/1503337/2022/12/cropped-Site-icon-32x32.pngOn Behalf of Leach & Sullivan, Limited Liability Partnership<![CDATA[Can a DWI conviction be expunged in Oklahoma?]]>https://www.leachsullivan.com/?p=488962026-05-20T08:09:44Z2026-05-20T08:09:44ZTypes of expungement relief
Oklahoma has two forms of expungement under state law. A Section 991(c) expungement is a partial option that seals court records from public view but leaves your arrest record with the Oklahoma State Bureau of Investigation (OSBI) unsealed and accessible to the public.
A Section 18 expungement seals both court and arrest records that the agency holds. However, depending on the circumstances of your case, law enforcement may still have access to these records for their own purposes.
Qualifying conditions for expungement
Your path to expungement depends on the type of sentence you received, such as:
Deferred sentence: If you received a deferred sentence and completed all terms of probation, you may qualify for a partial expungement once the court dismisses the case. Full expungement may become available one year after dismissal for a misdemeanor, or five years after dismissal for a nonviolent felony, provided you have no prior felony convictions and no pending charges.
First-time misdemeanor with jail time: You may qualify five years after finishing your sentence, as long as no felony or misdemeanor charges are pending.
Across all of these categories, you must have paid all court fines, fees and restitution in order to fully qualify. Having an unpaid balance can delay or even prevent you from applying.
Standard procedures for petition filing
You can begin the expungement process by filing a petition in the district court where your DWI case took place. Your petition should cover the details of your case, the type of expungement you are seeking and the legal basis for your eligibility.
After that, the court will set a hearing date and provide at least 30 days' notice to the prosecuting agency, the arresting agency and the OSBI. Each of these agencies may object if it believes the public interest outweighs your right to privacy.
If the court grants your petition, a certified copy of the order goes to the OSBI for processing. What happens next depends on which type you filed for.
For a full expungement, sealing arrest records typically takes about one month after the agnecy receives the order and the required $150 processing fee. A partial expungement has the court clerk seal your court records, and the agency updates your criminal history to reflect a dismissed case without requiring the additional fee.]]>On Behalf of Leach & Sullivan, Limited Liability Partnership<![CDATA[Understanding aggravated DUI in Oklahoma law and penalties]]>https://www.leachsullivan.com/?p=488942026-02-10T14:13:56Z2026-02-10T14:13:56ZMost drivers know that drinking while driving is a serious crime. In Oklahoma, however, the law recently changed, making certain situations much more dangerous for your legal record. People call these aggravated DUI cases. It is important to know that in Oklahoma, driving while impaired (DWI) and driving under the influence (DUI) are different. You cannot have an aggravated DWI. The "aggravated" label only applies to DUIs.
What makes a DUI aggravated in Oklahoma
Senate Bill 54 made the rules for Aggravated DUI much stricter. With this law, prosecutors can now charge you with an aggravated DUI if any of the following are true:
High alcohol levels: Your blood alcohol concentration (BAC) is 0.15% or higher.
Minor passengers: You are driving with a child in the car while under the influence.
Accidents: You cause a car crash that results in injuries.
Running from police: You try to elude a police officer while driving under the influence.
If any of these things happen, the law no longer treats the case as a simple mistake. It moves to the aggravated level immediately.
Why the penalties are much higher
The biggest change in the new law is that Oklahoma now classifies all aggravated DUIs as felonies. In the past, courts might have treated a first offense as a misdemeanor. Now, even if this is your first arrest, the law treats an aggravated DUI as a felony charge.A felony stays on your record and can make it very hard to find a job or rent a house. Other penalties include:
Mandatory time in state prison
Very high fines
Having an ignition interlock device (a breathalyzer) in your car for a long time
Required alcohol treatment programs
Felony charges can also limit housing and loan opportunities. They can affect professional licenses and background checks for many years.
What to know before making legal decisions
Oklahoma's laws now rank among the toughest in the country. Because an aggravated DUI is a felony from the very first offense, the stakes are higher than ever. If you face these charges, speaking with a lawyer can help you understand your rights and legal options.]]>On Behalf of Leach & Sullivan, Limited Liability Partnership<![CDATA[Can sleeping off alcohol in your car lead to DUI?]]>https://www.leachsullivan.com/?p=488932025-11-24T15:32:43Z2025-11-24T15:32:43ZWhat exactly is an APC charge?
Oklahoma charges intoxicated drivers who have the ability to operate a vehicle with APC, even if they aren’t actually driving. An APC only requires potential control of the vehicle.
If police find you sleeping in your car with a blood alcohol level above the legal limit and with keys anywhere accessible, like in the ignition, a nearby cup holder or your pocket, you can still face charges.
Essentially, the law focuses on your potential or capacity to drive while intoxicated, not whether you actually did.
Possible penalties for APC
Despite this difference, both carry similar penalties and consequences. This makes APC charges just as serious as DUI charges in many respects, even though you might have been trying to make a responsible choice.
Consequences you could face include:
Jail or prison time
Fines reaching $1,000
License suspension for 180 days
Mandatory alcohol education programs
Ignition interlock device requirements
Additionally, like with DUIs, APC convictions appear on your criminal record as alcohol-related offenses and can significantly affect your insurance rates and employment opportunities.
How to protect yourself from APC charges
In general, the safest approach is to find alternative transportation after drinking. Use rideshare services, designate a sober driver, or call for a friend or family member to pick you up.
If none of those options are available, consider sleeping off your intoxication inside the bar or a motel within walking distance. If sleeping in your car is your only option, here are tips that may help:
Make sure the car is completely off
Sleep in the backseat, instead of the front seats
Keep the keys in the trunk or somewhere far from your person
These help demonstrate you had no intention to drive or have the capacity to easily do so.
Know your rights to protect your future
Knowing the law helps you make smarter choices when alcohol is involved. Understanding APC charges allows you to avoid situations that seem safe but actually carry legal risks. Remember, what seems like responsible behavior might still have serious legal consequences in Oklahoma.]]>On Behalf of Leach & Sullivan, Limited Liability Partnership<![CDATA[The consequences you could face upon criminal conviction]]>https://www.leachsullivan.com/?p=488912025-08-25T19:30:57Z2025-08-25T19:30:57Zlong-lasting consequences on your future. Given the breadth of harm that can be caused to you by a guilty finding, you have to understand what’s at stake in your case so that you know whether accepting a plea deal is truly in your best interests. That’s why in this post we want to look at some of the ripple effects that a criminal conviction can carry.
Understanding the collateral consequences of a criminal conviction
There are several penalties that you could face if you wind up convicted of a criminal offense. Here are some of the most serious that you need to be aware of as you navigate your criminal defense:
Jail time: This is top of mind for most people who have been charged with a criminal offense. Depending on the crime in question and your history, there’s a chance that you could be facing a significant period of incarceration, even if you accept a plea deal with lighter terms.
Fines and fees: There are several expenses that are implicated when you get tangled up in the criminal justice system. You’ll likely have to pay court costs, but depending on the charges you’re facing, you may also get hit with an order for restitution or be forced to pay for drug treatment.
Employment woes: A conviction will leave a mark on your criminal record that can be hard to overcome when looking for and holding a job. In fact, your conviction could lead to dismissal from your current position, which puts you back at square one in your attempt to secure gainful employment to support yourself and your family.
Child custody problems: If you’re subject to a child custody case, then a criminal conviction could be used against you by the other parent. A conviction makes it easy for that other parent to argue that you’re unfit to parent or that you somehow pose a threat to your child’s well-being, even if that isn’t really the case.
Damage to your reputation: Becoming embroiled in the criminal justice system can disrupt your standing in the community. It can leave you feeling isolated from family members and friends, and the network that you used to rely upon to secure opportunities may shrivel up.
Immigration issues: If you’re in the U.S. on a visa or some other protected immigrant status, then your ability to remain in America may be jeopardized if you’re convicted of a crime. This is especially true if the crime in question is considered one of “moral turpitude.”
As you can see, there’s a lot at stake when you’ve been charged with a crime. To avoid them, you have to mount an aggressive criminal defense that targets weaknesses in the prosecution’s case.
How can you build an aggressive criminal defense?
If you want to beat the prosecution, then you need to gather compelling evidence and craft persuasive legal arguments that are based on the law. That might sound difficult to do, and it can be, but you don’t have to fight the battle alone. Instead, you can work closely with your criminal defense attorney to develop a strategy that seeks to protect your interests as fully as possible under the circumstances. Hopefully then you can secure an outcome that salvages your future and saves you from the harshest of penalties you’re facing.
]]>On Behalf of Leach & Sullivan, Limited Liability Partnership<![CDATA[3 possible penalties after an Oklahoma DWI conviction]]>https://www.leachsullivan.com/?p=488902025-05-28T23:45:05Z2025-05-28T23:45:05ZJail time
Incarceration is a common penalty for drunk driving offenses. Typically, motorists spend at least one night in jail as they wait for arraignment in court. Sometimes, they may spend far more than a single day in state custody. A first DWI offense without major aggravating factors could lead to between 10 days and one year in state custody. A second offense could carry up to five years in prison.
Financial penalties
Fines are a common consequence of breaking the law. A DWI offense likely carries a significant fine. A first charge may lead to up to $1,000 in fines. Second offenses could cost someone up to $2,500. In addition to paying a fine, the driver also typically has to cover court costs. They may also have additional expenses in the future because their conviction may increase what they pay for motor vehicle liability insurance.
Driver's license penalties
The possible consequences often reflect the nature of the offense. In a DWI case, penalizing a driver by limiting their driving privileges is an appropriate penalty. As is the case for other penalties, the duration of license suspension in a DWI case depends in part on the prior record of the driver and other aggravating factors. Typically, drivers may lose their licenses for at least 180 days after a DWI conviction.
Fighting back against DWI charges can help people avoid costly, embarrassing and challenging criminal consequences. Motorists may need help developing a defense strategy that allows them to limit the penalties that the courts could potentially impose, and that’s okay.]]>On Behalf of Leach & Sullivan, Limited Liability Partnership<![CDATA[What happens during field sobriety testing?]]>https://www.leachsullivan.com/?p=488892025-02-27T05:10:52Z2025-02-27T05:10:52ZPolice officers who suspect drivers of chemical impairment need objective evidence. Chemical testing can affirm if a motorist is over the legal limit for their blood alcohol concentration (BAC). However, chemical testing often occurs after a police officer decides to arrest a driver for intoxication.
They need to gather evidence supporting their suspicions before they arrest the motorist. One of the ways that police officers establish that an individual has had too much to drink is to conduct a series of field sobriety tests. These tests are physical tasks performed by the driver under the observation of the officer. What typically happens during field sobriety testing?
There are three standardized tests
Police officers receive training regarding field sobriety tests. They should follow best practices when they ask motorists to step out of their vehicles and submit to testing. For example, they should administer the test in a location where they can record video footage of the driver's performance. They also have to properly administer the three tests recognized as standard. Drivers may have to perform the walk-and-turn test. They must walk in a straight line, turn completely around and walk back along the same line. Officers may also ask drivers to perform the one-leg stand test. The driver shifts their weight onto one leg and attempts to maintain their balance. Finally, officers may ask drivers to perform the horizontal gaze nystagmus test. The officer asks the driveway to follow an object, such as a pen or a finger, with their eyes. They watch for muscle spasms that indicate chemical intoxication.
Tests are not mandatory
Drivers who refuse to submit to chemical breath testing after arrest are at risk of consequences for their test refusal. The implied consent statute makes post-arrest testing mandatory. However, that law does not apply to field sobriety tests. Police officers cannot force drivers to perform these tests and generally cannot punish them for refusing to do so. Even in cases where drivers fail field sobriety tests, there could be a reasonable explanation. Medical issues, for example, could compromise an individual's balance or affect muscle spasticity. Those facing impaired driving charges may need help countering the state's allegations. Learning about the rules for field sobriety testing can help people evaluate different potential defense strategies.]]>On Behalf of Leach & Sullivan, Limited Liability Partnership<![CDATA[Does the state ever dismiss pending DUI charges?]]>https://www.leachsullivan.com/?p=488862024-12-04T22:15:14Z2024-12-04T22:15:14ZIllegal searches lead to unusable evidence
The conduct of police officers and prosecutors is subject to strict oversight. The Constitution enshrines numerous protections for those facing investigation or prosecution by the state. The Fourth Amendment, for example, extends protection from unreasonable searches and seizures.
Police officers cannot simply detain people without explanation. They need to justify their conduct based on probable cause, warrants or permission. Sometimes, police officers break the rules and hope that the people involved may not realize it.
For example, they may conduct traffic stops without having legal justification for doing so. They then fish for reasons to justify the traffic stop. In some cases, those accused of impaired driving were pulled over not because they drove poorly but due to the whims of the police officer involved.
If the traffic stop that led to field sobriety testing or chemical breath testing was illegal, then the prosecutor may not be able to use the evidence. Under the exclusionary rule, defense attorneys can challenge the use of evidence gathered via a violation of the law or the civil rights of a defendant. The prosecutor may have to dismiss the pending charges in scenarios where the state's evidence is not admissible at trial.
Understanding which circumstances may prompt different outcomes in DUI cases can help people plan the best possible response.]]>On Behalf of Leach & Sullivan, Limited Liability Partnership<![CDATA[When does a police officer have a valid reason for a DUI traffic stop?]]>https://www.leachsullivan.com/?p=488842024-09-02T21:01:13Z2024-09-02T21:01:13ZWhen is a traffic stop lawful?
Oklahoma state statutes include dozens of different types of moving violations. Police officers can stop anyone that they suspect of a primary traffic offense. Those offenses can include exceeding the speed limit, failing to use turn indicators and reckless driving.
An officer does not necessarily have to suspect intoxication when they initiate the traffic stop. However, they should be able to explain the exact reason that they decided to pull a driver over and temporarily detain them.
If they don't have a reasonable explanation based on an actual violation of traffic statutes, then the traffic stop may have been illegal. In that situation, any evidence gathered during the traffic stop might not be usable during court proceedings. The courts may need to set aside evidence or even dismiss the charges because of the questionable traffic stop.
A defense attorney helping a motorist respond to pending DUI charges can explain to the courts how a police officer may have violated the rights of their client. If there wasn't an appropriate justification for the traffic stop to begin with, a lawyer may be able to leverage that police misconduct for their client's benefit.
Reviewing the state's evidence, including the alleged justification for a traffic stop, with a skilled legal team can help people determine the best option available in an impaired driving case. Challenging the legality of a traffic stop and, therefore the validity of any evidence gathered, is a viable solution in many DUI cases.]]>On Behalf of Leach & Sullivan, Limited Liability Partnership<![CDATA[How long do interlock requirements last after a DUI?]]>https://www.leachsullivan.com/?p=488822024-05-30T22:55:01Z2024-05-30T22:55:01ZIIDs may be necessary for up to five years
Someone subject to an IID requirement cannot legally drive any vehicle that does not have an IID installed. Both personal vehicles and any vehicles that someone drives for employment must have a device installed. The motorist must perform a test whenever they start the vehicle and during their drive time as well.
The driver also needs to regularly take the vehicle for IID maintenance and calibration. How long the driver must maintain IIDs in each of their vehicles depends on how many DUI infractions they have on their record. A first DUI conviction usually leads to an 18-month IID requirement. Those convicted of a second DUI must maintain a DUI in their vehicle for four years before they regain their full driving privileges. Third and subsequent offenses lead to a five-year IID requirement.
It is often preferable to defend against a DUI charge rather than pleading guilty and leaving oneself effectively at the mercy of the courts. Motorists who understand the penalties that the courts may impose for a DUI conviction can make more informed decisions regarding how they respond to criminal allegations. Successfully defending against a DUI charge can help someone avoid a criminal record and licensing penalties that could cause career setbacks and personal embarrassment.]]>On Behalf of Leach & Sullivan, Limited Liability Partnership<![CDATA[The ripple effect of DUI: Legal implications for Oklahoma physicians]]>https://www.leachsullivan.com/?p=488812024-02-28T18:07:56Z2024-02-28T18:07:56ZWhen can the Oklahoma Medical Board investigate?
The Oklahoma Medical Board may consider a DUI arrest a breach of the standard of conduct expected of physicians. Substance abuse issues, implied by a DUI, can raise concerns about a physician’s fitness to practice medicine. As such, it is often reasonable for the Board to investigate a physician’s fitness if accused of criminal wrongdoing — such as drunk driving.
This is not uncommon. In a recent example, the Board has announced it will hold a hearing to determine the fitness of a local physician after a drunk driving arrest. Depending on the findings, the Board could choose to issue sanctions including the suspension or revocation of the physician’s medical license. The Board generally takes various factors into account when making its determination. These can include the severity of the incident, the physician’s history with the Board, and any prior disciplinary actions.
What are my options if accused of a DUI?
In Oklahoma, a physician's arrest for drunk driving can place their medical license at risk. While the Oklahoma Medical Board does not automatically revoke or suspend licenses for DUI arrests, it has the authority to impose such sanctions if it finds the physician’s behavior incompatible with the standards of the medical profession.
Physicians facing such circumstances are wise to take the matter seriously. Allegations of drunk driving can lead to more than just a fine. For physicians and others holding professional licenses, it can be the end of a career.]]>