A predicate offense is an offense that is a misdemeanor the first time that one commits it. In Oklahoma, your first DUI is a misdemeanor. A 2nd or subsequent DUI occurring within ten years of the first one is a felony. Consequently, even though your first offense is merely a misdemeanor it is a one-step stepping stone to a felony.
Additionally, even your 1st DUI will often result in losing your driving privilege. Ordinarily, you only have 30 days after your arrest for DUI to have a lawsuit on file if you wish to stave off consequences for your driver’s license.
DUI in Oklahoma carries from 10 days to 1 year in jail on your first offense. Few people are willing to risk jail and/or prison even if they are partially or completely innocent! Consequently, the vast majority of DUI and DWI result in some kind of plea or plea bargain. The main exception to this rule is people who have a commercial driver’s license. If the holder of a commercial driver license gets a second DUI, he or she will lose their commercial driver license for life!
DUI “Experts” often charge five thousand to ten thousand dollars for a misdemeanor DUI. More often than not those experts get the same plea bargain as any other lawyer, but at a much higher price.
If you have been charged with DUI you need to ask yourself if you are really willing to risk jail time in your case. If the answer is no highering a DUI “Expert” is likely foolish. This is even more true when the DUI is based upon intoxication by drugs as opposed to alcohol. The main asset that a DUI “Expert” brings to the equation in your case is an intimate familiarity with the intoxilyzer machine and its maintenance protocols. In cases involving intoxication by drug the intoxilizer machine will have no bearing whatsoever upon the outcome of your case.
Woody Allen
