Being arrested for driving under the influence (DUI) in Oklahoma is frightening and can leave you feeling uncertain of what to do. Understanding the process, your potential defenses, and the penalties you may face is essential. It is also critical to contact an experienced criminal defense attorney to assist you.

Procedure After DUI Arrest

When you are arrested for DUI, you will be taken to jail, and your driver’s license will be taken away. An officer will provide you with a notice of revocation of your license. You typically have 15 days to challenge the revocation. You may also be given a breathalyzer or blood test to determine your blood alcohol content (BAC).

The officer who arrested you files a report with the district attorney’s office. The district attorney will review the report and any evidence collected to decide whether to file criminal charges against you. You will be served with a summons or warrant notifying you of your court date if charges are filed. Hiring a DUI lawyer as quickly as possible is essential prior to appearing in court.

What Happens if You are Convicted of DUI?

Oklahoma law is strict on DUI and provides some of the most severe consequences for a conviction in the country. Even if it is your first DUI and you are convicted of a misdemeanor, the consequences might include your driver’s license being suspended up to 180 days, fines for up to $1,000, and up to a year in jail. If you are convicted of a felony, the consequences are even more severe. You could face up to five years in jail, along with high fines and a lengthier revocation of your driver’s license.

If your DUI conviction is your first one, the court may order you to take an assessment for substance abuse, attend a mandatory victim impact panel, serve significant community service hours, and be put on probation. With any DUI in Oklahoma, your auto insurance premiums will significantly increase. Because the consequences of a DUI are serious and expensive, it is critical to contact a criminal defense attorney as soon as possible.

What Factors Impact My DUI Penalties?

There are several different factors that may influence the severity of the penalties assessed against you. The court will look to see if you have any prior convictions which will increase your penalties. The judge will also examine your BAC. If it was 0.15% or higher, your DUI is considered “aggravated,” and the penalties will increase. It is important to understand that if you refuse to submit to a field sobriety test or chemical test, your driver’s license is automatically suspended for at least 180 days. Finally, if a person was killed or suffered bodily injury because of your DUI, you will be charged with a felony, which carries harsher penalties. A felony DUI results in a mandatory prison sentence of one to five years.

What Defenses Are Available for a DUI Charge?

You might be surprised to learn that there are several potential defenses to a DUI charge. Working with an experienced DUI defense attorney is essential to ensuring you discover all available defenses. Below are a few examples of defenses that may be available in your case:

• Inaccurate Tests. Field sobriety tests are subjective and sometimes inaccurate. Your criminal defense attorney can argue the test was improperly performed or that your test results are inaccurate due to an underlying medical condition, fatigue, or environmental factors where the test was administered. If you are given a breathalyzer, your attorney can obtain evidence to determine if it was properly calibrated and maintained. If the testing equipment was not regularly maintained, the results are not dependable.
• Improper Stop. A police officer must have reasonable suspicion of criminal activity or a traffic violation to conduct a traffic stop. A DUI lawyer can argue evidence obtained during an unreasonable stop should be excluded at trial.
• Violation of Your Rights. If law enforcement violates your rights during the arrest or investigation, evidence gathered against you may be excluded, or the charges dropped altogether.

It is critical to confer with a criminal defense attorney experienced in handling Oklahoma DUIs as soon as possible. In fact, when you are arrested you should immediately invoke your right to legal counsel.

You Should Not Face Criminal Charges Alone – Contact Us Today

If you are facing criminal charges and have concerns that double jeopardy applies, it is critical to seek the help of experienced criminal defense professionals. Our BMO criminal defense attorney legal team provides upfront communication and aggressive representation of our clients. Call Babbit, Mitchell & Ogle at (405) 692-7676 to ensure your rights are protected and to receive the best possible defense.