What Happens After A Dui Arrest In Oklahoma?
Implied Consent Hearing at the Department of Public Safety:
To preserve your right to drive in Oklahoma, you must request a hearing within 15 days of the date of your arrest. A hearing will be scheduled thereafter. A temporary license will be provided to you pending this hearing, IF your license was valid on the date of the arrest.
If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. You can plan on at least 45 days of driving.
If you lose at the hearing, there are options that are available to either refight this OR request a modification or "work permit". Crucial defenses can be developed at the hearing.
Arraignment:
Some courts allow the attorney to appear for you and you do not have to make this appearance. Others require you at each court date. Your attorney will advise you of what applies to your case.
Disposition:
This is where your attorney often discusses your case with the prosecutor. It is a procedural appearance where the case is either continued, set for trial, and/or pled. Disposition dates can occur before OR after PreTrial Conferences OR Suppression hearings.
Pretrial Conference:
Your attorney will discuss your case with the District Attorney and negotiate the best possible plea bargain. It will happen about 6 weeks after arraignment. Our office tries to always do this AFTER the Implied Consent Hearing at the DPS. The attorney then gets with the client to discuss this offer OR whether to take this case to trial.
Suppression Hearing:
The Court may suppress some or all of the evidence against you if your constitutional rights have been violated OR if the police have not followed all the laws in the arrest or the administration of your tests. Your attorney will file motions to suppress. It occurs anywhere from 6 weeks to 3 months after the arraignment, AND our office usually waits until after we have had the Implied Consent Hearing at the DPS.
Trial:
Misdemeanor cases have juries of six persons. Felony cases have twelve. The verdict must be unanimous to convict you.
Sentencing:
The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in home detention, public service, alcohol classes and fines.
Other Oklahoma Drunk Driving Defense FAQs
-
Q:
Will I Be Able To Get My Case Dismissed Because I Was Not Read My Rights?
A: Probably not. But if you were interrogated after being placed in custody, your statements ca not be used against you. -
Q:
Will I Go To Jail?
A: An experienced attorney may be able to keep you out. -
Q:
I Had Two Alcohol Offenses When I Was Younger. What Will Happen To My License If I Have A Third Conviction?
A: If each of these were within five (5) years of the others, your license will be automatically revoked for three (3) years. Longer revocation can be imposed only if the … More -
Q:
I Have Three Serious Offenses Within Seven Years, What Will Become Of My License?
A: It COULD be (automatically) revoked for three (3) years. -
Q:
How Many Hours Of Alcohol Classes Will I Have To Take?
A: If your license is revoked for this offense, plan on at least 10 hours if it is your first offense. For more than one offense, plan on 24 hours or more. -
Q:
What Will Happen If I Do Not Complete The Classes Or Community Service Ordered By The Court?
A: You will go to jail. -
Q:
I Lost My Oklahoma License. May I Obtain A License In Another State.
A: In most cases, no. -
Q:
If I Obtain An International Driver's License, May I Drive In Oklahoma, Even Though My Oklahoma License Is Revoked?
A: No. -
Q:
What Can I Do To Save My License?
A: YOU MUST REQUEST A HEARING WITH THE DPS WITHIN FIFTEEN (15) DAYS OF THE ARREST!! If you do not, the license WILL be revoked! First and foremost, hire an experienced … More -
Q:
What Is Aggravated Dui?
A: Aggravated DUI in Oklahoma is based upon the test result. If a person tests either by breath or blood a .15% or higher, he CAN be charged with aggravated … More
Should You Settle or Take Your Case to Court?
Featured Oklahoma DUI Law Firm
Call 866-292-1631
Free Consultation
Or click here to email us