Landes Criminal Defense
Practice AreasWhere We PracticeWhat It CostsAbout UsBlog
(918) 212-8561Get a Free Consultation
Practice AreasWhere We PracticeWhat It CostsAbout UsBlog
Get a Free Consultation(918) 212-8561
Landes Criminal Defense

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5506 S Lewis Ave
Tulsa, Oklahoma 74105

(918) 212-8561

contact@landeslegal.com

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Driving While Impaired

Landes Criminal Defense helps people charged with Driving While Impaired across northeastern Oklahoma. Former prosecutor. 100% criminal defense. Free confidential consultation.

Call (918) 212-8561Get a Free Consultation
Former Tulsa & Rogers County ADA
Direct Attorney Access
Same-Day Case Review

You may have only 30 days to act on your license.

A Driving While Impaired arrest can trigger both a criminal case and a separate Service Oklahoma license case. Missing the Service Oklahoma deadline can trigger an automatic 180-day revocation.

Talk to an Attorney Today

What to do in the first 24–48 hours

  • 1
    Write everything down

    Write down everything you remember about the stop, the officer's instructions, and what you consumed.

  • 2
    Do not post online

    Do not discuss your arrest on social media or with friends. Prosecutors can use these statements.

  • 3
    Contact a defense attorney

    Call us immediately to secure your driving privileges and begin gathering evidence before it disappears.

Quick Answers: What you are facing

License

Typically no automatic revocation, but triggers a 30-day suspension and adds 6 points to your license.

Freedom

Up to 6 months in jail.

Money

Up to $500 in fines.

Record

Misdemeanor conviction.

How Landes Criminal Defense Helps

We know how prosecutors evaluate impaired driving cases, and we use that experience to test the evidence, identify procedural issues, and protect your options.

The Stop

Did the officer have reasonable suspicion to pull you over in the first place? If the initial stop was unlawful, all evidence gathered afterward may be suppressed.

The Arrest

Did the officer have probable cause to arrest you? We scrutinize the officer's report and body-cam footage for inconsistencies and exaggerated claims.

Field Sobriety Tests

We examine weather conditions, lighting, uneven surfaces, footwear, and the officer's specific training in administering the standardized tests.

Breath Testing

We verify the mandatory 15-minute observation period, the operator's permit, and the calibration logs for the specific breathalyzer device used.

Blood Testing

If blood was drawn, we challenge the warrant or consent, examine the chain of custody, and scrutinize lab procedures and refrigeration.

Constitutional Rights

We protect you against unlawful search and seizure, Miranda rights violations, and coerced statements or warrantless blood draws.

Why people trust Landes Criminal Defense after a Driving While Impaired arrest

Former Prosecutor Insight

Kaylind has seen how cases are built from the state's side and uses that perspective to identify weaknesses in stops, testing, reports, and procedure.

Focused Criminal Defense

The firm handles criminal defense, substance-related charges, and expungements. We don't juggle a broad mix of unrelated civil matters.

Direct, Personal Representation

Clients receive direct access, clear next steps, and consistent case updates instead of feeling passed around to paralegals or junior associates.

Verified Details:

  • • Licensed in Oklahoma
  • • Office in Tulsa
  • • Former Tulsa County ADA
  • • Former Rogers County ADA
  • • Direct attorney access
  • • Free consultation

"She was very professional and always was quick to respond. She got my DUI dismissed and I couldn't be more pleased with her work."

— Morgan

"Kaylind made a difficult situation much easier and helped me reach a much better outcome than I could've hoped for."

— Jimmy

"I can't say enough great things about Landes Criminal Defense. From the very first consultation, their team was professional, attentive, and genuinely invested in my case... If you're looking for a law firm that combines deep knowledge, responsiveness, and a client-first approach, I highly recommend them."

— Jack

Oklahoma Driving While Impaired Law in Plain English

To convict you of Driving While Impaired, the state generally has to prove that the following was true:

  • Your BAC was between 0.06 and 0.079.
  • Your ability to drive was impaired by alcohol, even if not strictly 'under the influence'.
Read the statutory explanation
Driving While Impaired (DWI) applies when a driver's BAC is between 0.06 and 0.079. It is a lesser included offense of DUI.

The Legal Process Timeline

1. The Arrest & Booking

You are arrested, your license is confiscated, and you are issued an affidavit.

2. The 30-Day Deadline

You have precisely 30 days to request an administrative hearing or enroll in IDAP to save your license.

3. Arraignment

Your first court appearance where formal charges are read and a plea is entered (usually "Not Guilty").

4. Discovery & Investigation

We obtain police reports, dash-cam, and body-cam video, and thoroughly investigate the state's evidence.

5. Negotiation & Motions

We file motions to suppress bad evidence and negotiate with the prosecutor for dismissal or reduction.

6. Hearing, Trial, or Plea

Your case is resolved either by trial, an evidentiary hearing, or an agreed plea deal (like a deferred sentence).

Frequently Asked Questions

DUI applies when BAC is 0.08 or higher, while DWI applies to the narrow range of 0.06 to 0.07 BAC. DWI is always a misdemeanor regardless of how many times you are convicted. DUI escalates to a felony on a second or subsequent offense within 10 years. DWI does not trigger automatic license revocation (DUI does). DWI is alcohol-only; any drug amount results in a full DUI charge.

Yes. Because DWI cases rely on marginal BAC readings in the 0.06-0.08 range, they are particularly vulnerable to challenges based on breathalyzer calibration, the 15-minute observation period, and the officer's Breath Alcohol Operator Permit status. If the BAC evidence is suppressed or discredited, the charge may be dismissed. Deferred sentences are available, allowing the charge to be dismissed upon completion of probation.

Jail time is unlikely for a first-offense DWI. Most defendants receive probation with conditions. The maximum possible sentence is 6 months, but actual jail time is rarely imposed for a straightforward DWI without other aggravating circumstances.

No. DWI is not a predicate offense under Oklahoma law. A prior DWI conviction will not cause a future DUI to be charged as a felony. However, prosecutors may consider your DWI history during plea negotiations, potentially making deferred sentences or favorable plea offers less likely.

Yes. A DWI conviction creates a permanent criminal record that is publicly visible on OSCN. It can affect employment, housing, professional licensing, and insurance rates. Expungement is possible after the applicable waiting period — typically 1 year after completion of a deferred sentence, or 5 years after completion of a suspended sentence.

While DWI carries lighter penalties than DUI, it still results in a permanent criminal record, fines, potential jail time, and increased insurance premiums. An attorney can challenge the BAC evidence, negotiate for a deferred sentence or reduced charge, and work to minimize the long-term impact on your record and driving privileges.

Yes. Commercial drivers are held to a stricter standard — a BAC of 0.04 or higher while operating a commercial vehicle is a violation. A DWI conviction (BAC 0.06-0.08) in your personal vehicle, while technically below the standard DUI threshold, still creates a criminal record that CDL employers and licensing agencies can access.

No. DWI is exclusively an alcohol offense covering the BAC range of 0.06 to 0.08. There is no drug equivalent of DWI. Any detectable amount of a controlled substance in your system while driving results in a full DUI charge — not a DWI — regardless of the concentration or whether you were actually impaired.

What happens when you contact us?

1. We listen

We ask what happened, where the arrest occurred, and gather the immediate facts.

2. We check deadlines

We check urgent deadlines immediately, specifically the 30-day license/IDAP window.

3. We explain your options

We explain possible next steps in plain English, with no legal jargon.

4. You decide

You decide whether you want our help. There is no pressure and no obligation.

Facing a Driving While Impaired charge? Start with a confidential case review.

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