The DUI Stop & Arrest
Hold your questions for your attorney. Not sure what to do? Be courteous to the officer. That’s not legal advice, just common sense. Other than that, you don’t have to answer questions if you choose to remain silent. Don’t obstruct, simply let the officer know that you’re not able to answer specific questions at this time (without an attorney). There is a bit of debate over whether or not to submit to a breathalyzer test. The law simply states that by driving a vehicle on Oklahoma streets, you are giving “implied consent” to testing when there is reasonable suspicion of intoxication. You can read the full version of the Oklahoma Implied Consent law here: Implied Consent to Breath, Blood, or Other Test for Determining Concentration of Alcohol or Other Intoxicating Substance
A closer look at an Oklahoma DUI Arrest.
*The materials on this Web Page are for INFORMATION PURPOSES ONLY and are not and should not be interpreted as legal advice. For legal advice contact one of our experienced Oklahoma DUI defense attorneys in Tulsa or OKC.
There’s no such thing as a “simple DUI”. Being arrested alone is a terrible ordeal. Add to that the complicated legal process, making arrangements for bail, fines, driving restrictions, court costs and more. There’s nothing simple about it.
Jail & Posting Bail
After a DUI arrest in Oklahoma, you’ll want your jail time to be as little as possible. That may mean contacting a bail bond company or family member to help arrange for bail. Soon after, and very soon, you should contact an experience Oklahoma DUI Defense Attorney to help you navigate through the complicated court and DPS system.
Where’s My Driver’s License?
After a DUI arrest, you may be surprised to learn that your driver’s license is missing. Where did it go? The arresting officer will forward your driver’s license to the Department of Public Safety along with a simple arrest report. DPS will receive your license and take civil action for an automatic suspension precisely 30 days from the date of arrest. You can avoid or delay the suspension of your driver’s license by requesting and completing a hearing process separate from your criminal proceedings. A DUI attorney can help.
Keeping your driving privileges after a DUI arrest is EXTREMELY TIME SENSITIVE! You must request an administrative license suspension hearing within 15 days of being arrested.
In Oklahoma DUI defense, experience certainly matters. When you choose to fight your DUI in an Oklahoma court, you will benefit from hiring a defense attorney who knows DUI/DWI inside and out.
After your attorney has helped resolve or postpone restrictions on your driving privileges, they will need to prepare for court proceedings. What’s the first job of your attorney? Obtaining copies of the complaint, police report, case record information and any other evidence necessary for an appropriate defense. Next, there may be a request to waive time in the case. Waiving time give an attorney a chance to prepare the absolute best defense and, if needed, discuss possible settlements with the prosecutor. Generally, the best defense in a DUI case, is information. Your attorney will want to know EVERYTHING that you know and EVERYTHING the prosecutions is prepared to present.
The Legal Fight
When Dismissal Is Not An Option
For the defendant, the best outcome in any criminal case is a dismissal. In Oklahoma, some DUI arrests don’t result in a conviction. When the circumstance surrounding a DUI arrest don’t allow for a dismissal, the bargaining begins. When a case can not be dismissed, there are primarily only three remaining options: jail time, suspended jail time or deferred prosecution. It’s fairly simple to put these in order of least desirable to best. A good DUI defense attorney will ALWAYS prepare the best defense. When the best defense will likely not result in a dismissal, deferred prosecution is the next best option.
Inaccurate Breathalyzer? Officer error? Inconclusive evidence? Unlawful traffic stop? A dismissal is always the best result. When dismissal is not an option, a deferred sentence is next on the list.
Given a choice, anyone and everyone would prefer a deferred sentence over a suspended sentence. Ask. You have to ask. It’s much simpler to remove a deferred sentence from your record.
Deferred, Suspended, Probation?
Understanding the difference between a deferred prosecution and a suspended sentence is important. With deferred prosecution, the court “hears” your plea of guilty, but defers their “finding” of guilt. Deferred prosecution can also be called a deferred sentence. While waiting out a deferred sentence, you have NOT BEEN CONVICTED of a crime. On the other hand, a suspended sentence is an immediate finding of guilt. By suspending your sentence, the court is allowing you to remain out of jail during the term of your sentence. With a suspended sentence, you have been convicted. Both deferred and suspended sentencing results in a probation period. You may also have fines, court costs or other obligations to fulfill while under either probation agreement.
Be Good. Be very good.
If an Oklahoma court has granted probation after your DUI arrest, be good. Don’t get arrested for any other crimes. Do not drive with a cancelled license. Don’t even cross without a crosswalk. During your probation period, the court expects that you uphold every obligation to the state. You may have a fine or court costs. Pay them. Sometimes, a DUI arrest requires that you attend DUI classes. Do it. Fulfill all terms of your probation like clockwork. Successful completion of your probation is needed for expungement.
Complete your probation to the letter. By completing each condition of your probation timely, the expungement process is much smoother.
Expunge your Oklahoma DUI arrest. Contact the experienced expungement attorneys at Bury Your Past, Wyatt Law Office in Tulsa or Oklahoma City.
Your Past, Buried.
The final step in an unfortunate DUI arrest should be a complete removal from all records. An expungement is your only option. To completely remove the DUI from a background investigation, it’ s not enough to finish probation. You will also want to remove the arrest and public court records. An expungement does just that.