A Tulsa-area state representative arrested on a DUI complaint this past weekend had not been charged as of Wednesday, but a review of a Tulsa World database shows he has at least one other previous DUI arrest and could face a felony charge.
Rep. Dean Davis, R-Broken Arrow, was booked into the Tulsa County jail early Saturday on complaints of DUI-first offense, speeding 11-15 mph and obstructing or interfering with a police officer.
He posted bond and was released about five hours later, and he apologized in a statement Saturday evening, saying he was “deeply sorry” and “embarrassed” but intends to fight aspects of the arrest in court.
“I will ensure this does not happen again while working through the due process of the justice system,” Davis.
However, Davis was booked on complaints of DUI-first offense and speeding 15 mph, both misdemeanors, in 2010, according to a Tulsa World database of Tulsa County jail booking records.
Court records show that he pleaded guilty to the speeding charge, but the rest of the file is sealed, obscuring the outcome of the DUI complaint.
However, records show that he hired Zach Smith as his attorney in the case. Smith markets himself as “The Tulsa DUI Guy.”
Tulsa County District Attorney Steve Kunzweiler did not reveal the outcome of that earlier case when asked Wednesday evening. However, he told the Tulsa World on Monday that even if Davis received deferred sentencing in that earlier DUI case, it is possible that someone in his situation could now be charged with DUI-second offense, a felony.
“If a person received a deferred judgment for a previous DUI within the past 10 years, Oklahoma law allows a subsequent DUI to be charged as a felony,” Kunzweiler said Monday.
On Wednesday, Kunzweiler said it appears from records associated with the 2010 arrest that “it could form the basis as a predicate offense for a felony charge.”
“However, we are in the process of reviewing reports associated with the new allegations,” Kunzweiler said. “Obviously, the law presumes the innocence of all accused individuals until and unless a judge or a jury determines otherwise.
“We will review the facts associated with the recent arrest, apply the law, and render a decision on charges — if any — at the appropriate time.”
Davis could not be immediately reached for comment Wednesday evening.
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