If this is your first DUI, you are probably feeling frightened about what happens next and the possible consequences. Let’s go over some of how the criminal justice system works, what defenses the law provides, and the potential punishments you might be facing. Knowing all this, as well as knowing the value of a skilled DUI attorney in Oklahoma City, will help as you begin to handle your case.
From an Oklahoma City DUI Attorney: What to Expect and How to Respond to a First-Time DUI Arrest
What Happens Immediately After a DUI Arrest?
Upon getting arrested for a DUI, you will be taken to jail for booking and may be given a breathalyzer or blood test to determine your blood alcohol concentration (BAC). An officer will also likely take your driver’s license and issue you a notice of revocation.
This notice provides details regarding your impending license suspension, which you generally have only 15 days to challenge. This challenge happens separately from your criminal case and in a different court, so you’ll need a skilled lawyer to help you work out both cases and get you the best outcome.
The arresting officer will file a report of the arrest with the district attorney’s office, and after reviewing the police reports and available evidence, the district attorney will decide whether to file criminal charges against you. If charges are filed, you will receive a summons or warrant notifying you of a court date. It’s going to always be in your best interests to contact an Oklahoma City DUI attorney as soon as possible, and definitely before you end up in court.
Potential Consequences of a Conviction
Oklahoma takes a tough stance against driving under the influence: some of the strictest laws in the nation are in our state. There can be severe penalties, including fines and jail time that escalate with subsequent DUI offenses. Even a first-time DUI conviction as a misdemeanor can result in the following:
- Up to one year in jail
- Fines up to $1,000
- A driver’s license suspension of up to 180 days
If you’re charged with a felony, things get much worse. You may be facing up to five years in jail, much higher fines, and longer revocation of your license. Even for a first DUI, you may also face mandatory assessment for substance abuse, required attendance at a victim impact panel, community service, and probation. Additionally, your auto insurance premiums will likely increase significantly. This is serious, so always talk with a lawyer as soon as possible.
Factors Affecting Your DUI Penalties
The penalties you face will vary according to the specific circumstances surrounding your case and any prior convictions. If your BAC was 0.15% or more, the DUI is considered “aggravated,” which increases the penalties. Refusal to submit to chemical testing will result in an automatic driver’s license suspension for at least 180 days.
If the DUI caused death or bodily injury to another person, the charge will be a felony DUI, and this carries much harsher penalties, including a mandatory prison sentence of at least one year and up to five. Additionally, if you’re under the legal drinking age, you will fall afoul of Oklahoma’s zero-tolerance rules if there is any detectable alcohol in your system, even if you’re well below the legal limit for adults.
Possible Defenses
While it may seem like an open-and-shut case, DUI charges can always be disputed, and a skilled DUI attorney may be able to do more than you think. You won’t know until you get in contact. Your lawyer will closely examine the circumstances of your arrest to find potential defenses.
Unreasonable Stop
The officer may not have had reasonable suspicion to conduct the traffic stop in the first place, and if there was no reasonable suspicion of criminal activity or any traffic violation, any evidence obtained from the stop could be excluded at your trial.
Questionable Tests
Officers often administer field sobriety tests, which can be subjective and inaccurate. They might also be improperly performed, and the results can be potentially influenced by underlying medical conditions, fatigue, or even the conditions where they are administered.
Even chemical testing devices like breathalyzers are not infallible. They must be properly calibrated and maintained, and your lawyer can demand to see the records showing that this was being done faithfully. If the officers’ equipment wasn’t being maintained, the results may not be dependable, and inaccurate results can form the basis for a strong defense.
Rights Violations
Finally, it’s also possible the police may violate your rights at some point during the arrest or investigation. Violations of your rights have the potential to result in suppression of some of the evidence that is critical to the prosecution’s case.
The Importance of Contesting Your DUI Charge
Even with a first-time DUI, it’s incredibly important to contest a DUI charge rather than simply accepting the consequences. A conviction will remain on your record, making it difficult for you to get employment, housing, or certain professional licenses.
Additionally, if you’re convicted and have any subsequent convictions, that first conviction will count heavily against you and result in much harsher penalties than you might otherwise face. Depending on your case’s circumstances, an attorney might be able to get the charges dismissed, the penalties reduced, or even secure you an acquittal at trial.
What to Do After a DUI Arrest
After a DUI arrest, immediately invoke your right to an attorney. Do not answer questions from the police or attempt to explain the situation without a lawyer present. Even if you believe you are innocent, statements made in the heat of the moment can damage your case, so just stay quiet. Be wary of the police trying to engage you in what seems like polite or chummy conversation. If they can get you to talk voluntarily by couching their questions as just chat, then even if you’ve invoked your right to an attorney, you might end up having your words used against you.
The license suspension begins soon after your arrest, so you have a very short window of time to request an administrative hearing and contest the suspension. If your request is timely and proper, you can legally continue driving until the hearing. Be sure to get on this quickly and ask your lawyer how to proceed.
You’d also be wise to write down everything you remember about the arrest, including the events leading up to it, your interactions with officers, and the conditions under which testing was conducted. This detailed account will help your attorney as they build your defense, and the sooner after the event you write things down, the better. Memories always fade with time, and you can be sure that the police are also keeping a written record to use against you.
Finally, remember that Oklahoma DUI laws are harsh, can change at any time, and can be complicated. Work with an attorney who specializes in DUIs and is thus familiar with the law and all the best current defenses. If you’ve been arrested for a DUI, don’t delay in getting help. Immediately contact us at Cannon & Associates in Oklahoma City, Edmond, Norman, Yukon, Mustang, The Village, Moore, or Midwest City now for help.