McClain County DUI Defense Attorney

Trusted Legal Allies for Your DUI Defense

Being charged with driving under the influence (DUI) in McClain County, Oklahoma can be a stressful and overwhelming experience. A single traffic stop can quickly turn into a criminal case with serious consequences for your driver’s license, your job, and your freedom. From court appearances in McClain County to dealing with the Oklahoma Department of Public Safety, the process can feel confusing and intimidating — especially if this is your first offense.

At Schumacher Law Group, we understand the burden you’re under and the fear that may come with not knowing what happens next. Our lead attorney, Tracy Schumacher, draws on her perspective as a former prosecutor and judge to develop thoughtful defense strategies designed for the unique details of each case.

Call (405) 643-4884 or contact us online today to schedule a confidential consultation.

Oklahoma DUI Laws

In Oklahoma, a driver may be charged with DUI if they operate or are in actual physical control of a vehicle while impaired by alcohol, drugs, or a combination of both. This includes illegal drugs, prescription medications, and over-the-counter drugs that affect driving ability.

Under Oklahoma law, a driver is considered legally impaired if their blood alcohol concentration (BAC) is:

• 0.08% or higher for drivers over the age of 21
• 0.04% or higher for commercial drivers
• 0.02% or higher for drivers under the age of 21 (zero tolerance policy)

However, you do not have to reach these specific levels to be arrested. An officer can still charge you with DUI if they believe your ability to drive safely was impaired, even if your BAC is below the legal limit.

Additionally, Oklahoma law allows for the suspension of your driver’s license for refusing a breathalyzer or blood test. This means that even before your case ever reaches the courtroom, you could be facing serious administrative penalties.

Common Types of DUI Charges & Penalties

DUI charges in McClain County can vary depending on the circumstances of the arrest, the driver’s record, and whether there were any aggravating factors involved. Some of the most common types of DUI charges include:

First-Offense DUI

A first DUI conviction in Oklahoma may result in:

• Fines up to $1,000
• Up to 1 year in jail
• Driver’s license suspension
• Mandatory substance abuse assessment and treatment
• Installation of an ignition interlock device

Even a first offense on your record can have long-lasting consequences, including increased insurance rates and difficulty finding employment.

Second or Subsequent DUI

Repeat offenses come with much harsher penalties, including:

• Longer jail or prison sentences
• Higher fines
• Extended license revocation
• Mandatory inpatient treatment programs
• Increased supervision and monitoring through probation

Felony DUI

A third DUI offense or a DUI involving injuries, death, or a minor in the vehicle can be charged as a felony. A felony conviction can lead to:

• Multiple years in prison
• Thousands of dollars in fines
• Loss of civil rights
• Permanent criminal record

These severe penalties are why it is so important to contact a qualified McClain County DUI defense lawyer as soon as possible.

Legal Defenses Against DUI Charges

Just because you were arrested does not mean you will be convicted. At Schumacher Law Group, our legal team carefully analyzes every detail of your case to uncover weaknesses in the prosecution’s arguments. Some common DUI defenses that may apply include:

Illegal or Improper Traffic Stop

Police must have a valid reason to pull you over. If the stop was made without reasonable suspicion or probable cause, any evidence gathered afterward could be ruled inadmissible in court.

Inaccurate Breath or Blood Test Results

Breathalyzers and blood tests are not infallible. Improper calibration, contamination, or mistakes in handling samples can lead to inaccurate results. We investigate whether proper protocols were followed.

Faulty Field Sobriety Tests

Field sobriety tests can be unreliable and are often affected by outside factors such as uneven pavement, weather conditions, medical issues, or anxiety. We examine whether these tests were administered correctly.

Violations of Your Rights

If law enforcement failed to read your rights, coerced you into making statements, or used illegal search procedures, your case may be weakened or subject to dismissal.

Our goal is to challenge every piece of evidence used against you and protect your rights at all stages of the process.

DUI FAQs

Will I lose my license if I get a DUI in McClain County?

Possibly. Oklahoma law allows for license suspension after a DUI arrest or when a chemical test is refused. However, you may be eligible for a modified license or able to appeal the suspension.

Can I avoid jail time for a DUI?

In certain cases, alternatives such as probation, treatment programs, or community service may be available. An experienced McClain County DUI defense lawyer can fight for these options.

How long does a DUI stay on my record in Oklahoma?

A DUI can remain on your criminal record permanently unless it is expunged. Even then, expungement may not be available for all cases.

Should I plead guilty to a DUI charge?

You should never plead guilty without speaking to a qualified attorney. There may be defenses or options available that could reduce or dismiss your charges.

What if I refused the breathalyzer?

Refusing a chemical test can result in separate penalties, including automatic license suspension. Your lawyer can explain your options for challenging this suspension.

Why Choose Our Firm For Your DUI Defense?

Experience in McClain County court matters. Our firm is run by a former prosecutor and judge, Tracy Schumacher, who has extensive experience in McClain County court. When your freedom and future are on the line, you need a criminal defense lawyer who will fight tenaciously for your rights. Our attorneys stand by our clients every step of the way. Their approach combines thorough legal analysis with aggressive representation, ensuring that your side of the story is heard. As a team with a rich background in prosecution and judicial proceedings, our lawyers bring a unique perspective that could make a significant difference in your case. Their commitment to justice and their unwavering support for our clients make our team the right choice for those seeking an accomplished DUI law firm in McClain County.

Contact us today to get started on your defense.