Sample Case #7

A client originally from Oregon was charged with a DUI involving a personal injury, a charge ordinarily a misdemeanor. Under Oklahoma Law, previous DUI convictions in other states CAN be used to enhance a misdemeanor DUI case to a felony. Seeking to prosecute him as a SECOND TIME felony (which carries up to seven (7) years), the D.A. filed the charge listing three prior convictions of DUI in Oregon. The D.A. offered a plea bargain to our client of four (4) years in jail and three (3) years probation after he got out. However, Oklahoma requires that the other state's law be similar to Oklahoma's DUI statutes. Oregon's DUI law requires an alcohol level of .08% or higher. Oklahoma's law (at that time) required a .10% level or higher. After research on the states' laws and a call to fellow National College for DUI Defense lawyer in Oregon, we got the prior convictions DISMISSED from the case and it was re-filed as a misdemeanor. The case was then closed with a one (1) year suspended sentence and a small fine. This client DID NOT go to jail.