Your DUI Arrest Doesn’t Mean You’re Guilty
Just because you got arrested for DUI doesn’t mean you’re guilty. In the State of Oklahoma, the government has the burden of proof that you are, in fact, guilty of your DUI charge. Understanding what happens after your arrest and how to protect your rights is crucial for mounting an effective defense. This comprehensive guide walks you through the entire process, from the moment of arrest through the court proceedings and driver’s license issues you’ll face.
When you’re arrested for a DUI in Oklahoma, you really have two separate cases going at the same time. You have the criminal case for your DUI that’s greatly impacted by recent legislative changes, and then you separately have your civil case involving your driver’s license. Understanding both processes and how they interact is essential for protecting your rights and your ability to drive.
The Immediate Aftermath of Your DUI Arrest
If you are arrested for a DUI, there’s a good chance that you’re going to be taking the state’s test, either the breathalyzer or a blood draw, to begin the process of evaluating what your blood alcohol content or BAC actually was at the time that you were arrested. After you’re arrested, you’ll go to the county lockup. At some point, you’ll have an opportunity to make a phone call. Bonding out of jail as soon as possible is highly recommended.
After bonding out, the court process starts. Law enforcement will take their police report on your alleged DUI and turn it over to the government, and the prosecutor will start evaluating whether or not they’re going to file charges against you. This evaluation process can take days or even weeks, during which time you should be taking proactive steps to protect yourself.
It’s crucial that you contact and begin working with an experienced DUI attorney as soon as possible, because the earlier you do that, the more your attorney has the opportunity to attack your case. There are preservation and evidence issues that become more difficult to address as time passes. There’s the opportunity to make sure that your lawyer is able to get everything that exists in your case. The earlier you get in contact with a DUI defense attorney, the greater the chances are that you can fight your case effectively.
Understanding Your Two Separate Cases
On the civil side, the sooner you contact an attorney, the better, because there’s an opportunity to contest the government’s process for suspending your license or work through the government’s program called IDAP. But you only have 30 days in order to contest the driver’s license process from the date of your arrest. This deadline is absolute and cannot be extended, so immediate action is essential.
The courts have said that driving on a public road is a privilege and not a right, and so the government has tools that they can enforce upon us when it comes to driving on public roads. Anytime that you are pulled over and arrested for suspicion of DUI or APC (actual physical control) of a motor vehicle while intoxicated, the government automatically notifies DPS related to your driver’s license.
At that point, the clock as it relates to your driver’s license starts and it’s only 30 days. At that point, you have to either decide if you’re going to work through the government’s program IDAP to voluntarily participate in all the requirements that they place upon you to keep your driver’s license in state, or if you want to exercise your right to fight the government and go through the appeal process to contest the driver’s license revocation.
On the other side of the criminal case, it’s crucial that you and your DUI defense attorney work to preserve evidence as quickly as possible because it can not only positively impact your fight in the case, but it can also help in your civil case as well. Evidence that shows problems with the traffic stop, the field sobriety tests, or the chemical testing can benefit both your criminal defense and your driver’s license appeal.
The Criminal Case Process
On the criminal side of your case, after your charges are submitted to the district attorney’s office, they’ll make a decision on whether they’re going to file criminal charges against you and if so, what criminal charges. Once you go to court, you’ll have an arraignment and then an initial appearance on either a misdemeanor or a felony. The severity of charges depends on factors like your BAC level, whether there was an accident, whether anyone was injured, and whether you have prior DUI convictions.
It’s crucial that you’re working with an experienced DUI attorney from the very beginning, because they can be working not only on your case, but with the prosecution throughout this process. By working with an experienced DUI attorney from the beginning, they can help you in preparing to fight your case. Or alternatively, if you want to work out an agreement, whether it is a diversion program or by a plea agreement with the government, your attorney can negotiate the best possible terms.
Both of these processes are happening at the same time, and it’s crucial that you are prepared when you go to court. Your criminal case and your driver’s license case may proceed on different timelines, but decisions in one can affect the other. Having an attorney who understands both processes and can coordinate your defense strategy across both cases is invaluable.
Why DUI Cases Are Uniquely Complex
A DUI case is a unique animal because it has science, it has facts, it has evidence, and it has the law, and all of them are at play at the same time. Was the initial traffic stop valid? Is there a reason to kick out everything that happened afterwards through a suppression motion? Were the tests conducted or not conducted done appropriately? Are they admissible? Are they scientifically valid? And on and on through the process. It’s important that you and your attorney work together to evaluate every aspect of your case.
In all cases, especially DUIs, knowledge is power. When working with a DUI client, experienced attorneys try to find out everything they can about the case. It’s not necessarily what happened, but what they can prove. Everything gets evaluated from the police report, the dash cam video, body cam video, the science, the reports, everything in the government’s case, working with an on-staff investigator to help build your defense.
This comprehensive approach to DUI defense recognizes that the prosecution must prove every element of their case beyond a reasonable doubt. If weaknesses can be identified in any aspect of their case, whether it’s the initial stop, the field sobriety tests, the chemical testing, or the chain of custody for evidence, those weaknesses can be used to fight for dismissal or reduced charges.
The Critical Importance of Early Legal Representation
The timing of when you contact a DUI attorney can make or break your case. Evidence can be lost or destroyed if not properly preserved. Witnesses’ memories fade with time. Video footage may be recorded over if not requested promptly. Chemical test samples may be disposed of if not properly preserved for independent testing.
By contacting an attorney immediately after your arrest, you give your legal team the maximum opportunity to gather evidence, interview witnesses, and build a comprehensive defense strategy. Your attorney can begin working on both your criminal case and your driver’s license case simultaneously, ensuring that no deadlines are missed and no opportunities for defense are lost.
Additionally, early legal representation means you have someone to guide you through the process and prevent you from making statements or decisions that could harm your case. Many people inadvertently damage their defense by talking to law enforcement without an attorney present or by failing to understand their rights during the arrest and booking process.
Moving Forward After Your DUI Arrest
A DUI arrest is serious, but it’s not the end of the road. With proper legal representation and a strategic defense approach, many people successfully fight their DUI charges or negotiate favorable resolutions that minimize the impact on their lives. Understanding that you have two separate cases, that you have only 30 days to address your driver’s license, and that early action is essential puts you in the strongest possible position to protect your rights.
At Cannon & Associates, the approach combines thorough investigation, scientific analysis of the evidence, legal challenges to improper procedures, and strategic negotiation to achieve the best possible outcomes for clients. The firm handles hundreds of DUI cases and understands what it takes to build an effective defense.
Don’t face DUI charges alone or without experienced guidance. The decisions you make in the days and weeks after your arrest will significantly impact both the criminal case and your ability to keep your driver’s license. Having an attorney who understands both processes and can fight for your rights on both fronts is essential.