DWI and DUI Lawyers in Oklahoma City, OK

-First, don’t panic. While a DUI is a serious offense, if handled properly it can be taken care of without significantly changing your life.

-Second, your driver’s license is now on a ticking clock (30 Days to take action).   You have 3 options:  

1. You sign up for the IDAP program which requires you to put an Interlock device in your vehicle. You will also be required to complete an ADSAC drug and alcohol evaluation and follow its requirements. This usually includes a DUI school and victim impact panel.  
2. You can file a petition and challenge the validity of the suspension of your license. This includes questioning whether the police officer has probable cause to pull you over, if the officer properly instructed and observed the states field sobriety tests, and finally, if the breathalyzer or blood test were properly administered  
3. Let your license be suspended for the allotted amount of time: (6 months on the first offense and 1 year on the second offense). In order to get your license back, you will need to do another ADSAC drug and alcohol evaluation and follow its recommendations.

It is important to remember this only affects your case with the department of public safety and not the criminal case that the prosecution agency is handling. 

-Third is the criminal portion of the DUI case. This is where the state, county or city prosecutor will attempt to punish you for the DUI. For the most part, DUI cases end in plea agreements that are worked out by your attorney and the prosecutor. A case can be set for trial if an agreement can’t be worked out or if you are innocent of the DUI.

Overall, most DUI cases that HCH handles end in dismissals or deferred sentences that result in your case being dismissed. This makes your case eligible for expungement: as if it never happened. 

Your first DUI will always be a misdemeanor unless someone was injured in a car accident. A felony DUI occurs if you are involved in an accident that causes injury or you have been adjudicated for a prior DUI in the last 10 years. The 10-year time period begins when you are off probation. For example, if you received a DUI in 2021 and received a 1-year deferred sentence your next DUI would result in a Felony DUI up until 2032.

The State of Oklahoma allows police officers to ask you to take one or both tests if they feel they have probable cause that you have been drinking and driving. If you blow over a .08 you will be considered driving under the influence and arrested. If you refuse the test the state will suspend your license, first offense 6 months, second offense a year, and more than likely they will arrest you.