What to Expect When Facing Criminal Charges for DUI or DWI
Jan. 23, 2025
Being charged with a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) in Oklahoma can be a stressful and overwhelming experience. These charges carry serious consequences that can affect your personal and professional life. Understanding the process and potential outcomes can help you prepare for what lies ahead.
Here at Justin Lowe & Associates, we offer over three decades of experience to our clients here in Oklahoma City, Oklahoma. Wondering what to expect when dealing with DUI or DWI criminal charges? We have the answers.
The Arrest and Initial Charges
A DUI or DWI arrest typically begins with a traffic stop. Law enforcement may pull you over for suspected impaired driving based on erratic behavior, speeding, or other indicators. Once stopped, the officer might:
Ask questions about alcohol or drug consumption.
Administer a field sobriety test to assess your coordination and balance.
Use a breathalyzer or other chemical tests to measure your blood alcohol concentration (BAC).
In Oklahoma, a BAC of 0.08% or higher typically leads to DUI charges. However, drivers under 21 can face charges with any detectable alcohol level under the state’s zero-tolerance policy. Refusing a BAC test can result in additional penalties, including automatic license suspension under Oklahoma’s implied consent law.
Once arrested, you’ll likely be taken to jail, where you’ll be booked and formally charged. This step involves:
Taking fingerprints and photographs.
Recording your personal information and the details of the arrest.
Setting bail, which allows you to be released until your court date.
Court Proceedings: What to Expect
No matter what sort of charges you may be facing, Oklahoma’s legal system will require you to go through several steps:
1. Arraignment
This is your first court appearance, where you’ll hear the formal charges against you. During the arraignment:
You’ll be asked to enter a plea of guilty, not guilty, or no contest.
The judge may review bail conditions.
Future court dates will be scheduled.
Entering a plea of not guilty allows you time to prepare your defense with legal counsel. It’s an important step in the legal process.
2. Pre-Trial Motions and Hearings
Your attorney may file motions to suppress evidence or challenge the legality of the traffic stop or arrest. These hearings are crucial in determining whether certain evidence can be used against you.
3. Trial
If your case proceeds to trial, both sides will present evidence and call witnesses. The prosecution must prove beyond a reasonable doubt that you were driving under the influence. Your defense may challenge the reliability of BAC results, field sobriety tests, or other evidence.
4. Sentencing
If found guilty or if you accept a plea deal, sentencing will follow. Penalties vary based on factors such as your BAC, prior offenses, and whether any injuries or property damage occurred.
Potential Consequences of DUI or DWI in Oklahoma
The penalties for DUI or DWI convictions in Oklahoma depend on whether it’s your first offense or if you have prior convictions. Here’s what you might face:
First Offense:
Fines up to $1,000.
Jail time ranging from 10 days to one year.
License suspension for 180 days.
Installation of an ignition interlock device on your vehicle.
Mandatory participation in a drug or alcohol assessment and treatment program.
Additional mandatory treatment and rehabilitation programs.
Second Offense:
Fines up to $2,500.
Jail time from one to five years.
License suspension for one year.
Installation of an ignition interlock device on your vehicle.
Additional mandatory treatment and rehabilitation programs.
Third or Subsequent Offenses:
Fines up to $5,000.
Jail time from one to 10 years.
License suspension for three years.
Additional mandatory treatment and rehabilitation programs.
The Impact on Your Driving Privileges
Oklahoma imposes strict penalties for DUI or DWI convictions that affect your ability to drive. Administrative penalties include:
License suspension: As mentioned earlier, refusing a BAC test or being convicted can lead to license suspension for several months to years.
Ignition interlock device: Repeat offenders or those with high BAC levels may need to install this device, which requires passing a breath test before starting the vehicle.
Provide proof: In order to provide proof of the installation of an ignition interlock device on your vehicle, you need to get an installation verification form from a licensed technician. You must submit this form to the Department of Public Safety (DPS) with your reinstatement fee.
There are steps to regain your license once it’s been suspended. As with many aspects of the criminal justice system, there are ways to offer restitution and rehabilitation after DUI or DWI convictions. To reinstate your license after suspension, you’ll likely need to:
Complete an alcohol or drug treatment program.
Pay reinstatement fees.
Provide proof of SR-22 insurance, which demonstrates financial responsibility.
Defenses Against DUI or DWI Charges
While DUI or DWI charges are serious, a strong legal defense can improve your chances of a favorable outcome. With decades of experience, our firm has seen several different defenses used to defend clients and their rights. Common defenses include:
Challenging the Traffic Stop
Was the officer’s suspicion reasonable?
Did they follow proper procedures?
Questioning Field Sobriety Tests
Were the tests administered correctly?
Could physical conditions or disabilities have affected the results?
Disputing BAC Results
Were the testing devices calibrated properly?
Was the sample handled and tested correctly?
Proving Lack of Impairment
Were there alternative explanations for your behavior, such as fatigue or medical conditions?
Steps to Take After a DUI or DWI Arrest
If you’re facing DUI or DWI charges in Oklahoma, taking proactive steps can protect your rights and strengthen your defense:
Hire an attorney: Work with a criminal defense lawyer experienced in DUI cases. They can guide you through the legal process and build a strong defense.
Document everything: Keep records of the incident, including any communication with law enforcement and details about the traffic stop.
Follow court orders: Attend all hearings and comply with any conditions set by the court, such as attending alcohol education programs.
Avoid additional offenses: Avoid driving if your license is suspended, and refrain from any activity that could lead to further charges.
Key Takeaways for Oklahoma Residents Facing DUI or DWI Charges
If you’re charged with DUI or DWI in Oklahoma, it’s important to remember several key points. This is imperative as when you’re defending yourself, you’re also defending your rights. Here are several takeaways to remember at all times:
A DUI arrest starts with a traffic stop and may involve BAC tests and field sobriety assessments.
Refusing a BAC test can result in additional penalties.
The legal process includes arraignment, pre-trial motions, and potentially a trial.
Penalties increase with subsequent offenses and can include jail time, fines, and license suspension.
Protect your rights by hiring an experienced attorney and following legal procedures closely.
How We Can Help You Face DUI or DWI Charges
With experienced criminal defense attorneys, our firm has helped countless Oklahoma residents facing DUI or DWI charges. We understand the seriousness of these cases and the impact they can have on your future. Our firm is committed to providing personalized legal strategies to protect your rights and secure a positive outcome.
Not sure where to start? Give our firm a call so our attorneys can go through the details of your case with you. We are here to handle this for you and take the worry from you. We defend our clients and their rights with over three decades of experience!
Contact Us for DUI or DWI Legal Advice
From challenging evidence to negotiating plea deals, we handle every aspect of your defense. If you’re facing DUI or DWI charges, contact Justin Lowe & Associates today for a free consultation. We serve clients throughout Oklahoma City, Oklahoma, and the surrounding areas.
Call today to discuss your case and determine the right path forward.