What Happens After A Dui Arrest In Oklahoma?

Tue, 29 May 2007 21:19:00 GMT

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.

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of:

Pacing Yes
Radar Yes
Vascar Yes
Photo Radar No
Aircraft Yes
Laser No

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

How Many Hours Of Alcohol Classes Will I Have To Take?

Tue, 29 May 2007 21:19:00 GMT

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.

I Had Two Alcohol Offenses When I Was Younger. What Will Happen To My License If I Have A Third Conviction?

Tue, 29 May 2007 21:19:00 GMT

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 previous offenses were within this five (5) year "lookback" period.

I Have Three Serious Offenses Within Seven Years, What Will Become Of My License?

Tue, 29 May 2007 21:19:00 GMT

It COULD be (automatically) revoked for three (3) years.

I Lost My Oklahoma License. May I Obtain A License In Another State.

Tue, 29 May 2007 21:19:00 GMT

In most cases, no.

If I Obtain An International Driver's License, May I Drive In Oklahoma, Even Though My Oklahoma License Is Revoked?

Thu, 13 Mar 2008 18:57:03 GMT

No.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

" Open intoxicants are prohibited in the vehicle.
" Unloaded firearms are permitted in the vehicle. Firearms must be cased and not easily accessible.
" Studded tires are permitted from November 1 to April 1. Tire chains are not required.
" Oklahoma has a seat belt law with primary enforcement for all front seat occupants.
" Oklahoma has a mandatory child restraint law for passengers under 7 years of age. Children under age 4 must use approved car safety seats.
" Oklahoma has a mandatory motorcycle helmet law for persons under 18 years of age.
" Registration is not required to be carried in the vehicle. Insurance card must be carried in the vehicle.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law. Securitytype law applicable in the event of an accident causing death, personal injury, or property damage exceeding $300. Minimum limits: $10,000/$20,000/$10,000.

What Are The Speed Limits In Oklahoma?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted Absolute

Interstate 75 mph
Ltd Access Rds 70 mph
Other Primary Rds 40 mph
Residential Local ordinance

What Can I Do To Save My License?

Tue, 29 May 2007 21:19:00 GMT

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 attorney. There are many factors to consider.
Request a hearing and request the officer's presence. It will give you a preview of a trial, a rarity in criminal cases, particularly in misdemeanors!. The officer who signed the affidavit and notice of hearing must show up and justify the revocation. Other officers may be subpoenaed.
Retest the sample, if possible. Testing errors may save your license.
Investigate the adequacy of the stop. The officer must have had a reasonable suspicion that a crime or traffic infraction was being committed.
Investigate the adequacy of the arrest and request for a test. The officer must have developed a reasonable belief that you were impaired by alcohol.
Check the times of events. Officers must perform the tests within certain guidelines.
Check the labeling of the sample. It must be identified as being yours.
Attend the motor vehicle hearing. Listen for fabrications and other errors.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is Aggravated Dui?

Tue, 29 May 2007 21:19:00 GMT

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 DUI. A prior record DOES NOT matter. This can apply to a first timer arrest as well. These charges can ONLY be filed in a Statelevel court. Municipal Courts do not have the jurisdiction to file this charge. The punishment for this type of DUI starts with the same punishment as a "regular" DUI: up to one year in jail and/or a $1,000 fine for a first time OR, up to 10 years and/or $5,000 fine if you have had two or more prior convictions of felonies before. However, aggravated DUI provides for an ADDITIONAL "layer" of punishment of, IF CONVICTED, 30 days mandatory inpatient alcoholism treatment, 480 hours community service, one (1) year of aftercare meetings, and an ignition interlock installed on the person's car for no less than 30 days. This way of charging applies to an Actual Physical Control while under the Influence (APC) as well.

What Will Happen If I Do Not Complete The Classes Or Community Service Ordered By The Court?

Tue, 29 May 2007 21:19:00 GMT

You will go to jail.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $300 must be reported immediately to the local authorities.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding Yes
Parking Yes
Equipment Yes
DWI Yes

Will I Be Able To Get My Case Dismissed Because I Was Not Read My Rights?

Tue, 29 May 2007 21:19:00 GMT

Probably not. But if you were interrogated after being placed in custody, your statements ca not be used against you.

Will I Go To Jail?

Tue, 29 May 2007 21:19:00 GMT

An experienced attorney may be able to keep you out.