What Happens After You Get Arrested for DUI in Oklahoma? Understanding the DUI Process and Your Rights

Getting arrested for DUI (Driving Under the Influence) in Oklahoma can be a frightening and confusing experience, especially if it’s your first time dealing with the criminal justice system. It’s important to understand the steps that follow an arrest, your legal rights, and the potential consequences you may face. This article outlines what typically happens after a DUI arrest in Oklahoma and how to protect yourself throughout the process.

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1. The DUI Arrest and Booking Process

You have certain rights during a DUI stop. When an officer suspects you of driving under the influence of alcohol or drugs, you may be asked to take field sobriety tests or a breath test. If you fail or refuse these tests, the officer can place you under arrest.

After arrest:

• You’ll be taken to jail for booking, where your photo and fingerprints will be taken.
• You may stay in jail until you post bail or appear before a judge.

2. Your Driver’s License Will Be at Risk

Oklahoma has implied consent laws, meaning that refusing a breath, blood, or urine test after arrest can result in an automatic license suspension, even before you go to court. You have 15 days from the date of your arrest to request admission to the impaired driving accountability program, or IDAP, with the Oklahoma Department of Public Safety (DPS). This program allows you to keep your driver’s license and avoid suspension. Failing to request the hearing in time causes an automatic license suspension.

3. The Criminal Court Process Begins

A DUI charge in Oklahoma is a criminal offense, and you’ll face a court process that typically includes:

• Arraignment – Your first court appearance where you’re formally charged, and you plead not guilty. This is an in and out of court process. You don’t answer any questions and plea at this point. Its where the procedural clock begins ticking, setting up the process after that.
• Pre-trial hearings – Attorneys file motions, exchange evidence, and engage in plea negotiations during this stage. If the charge is a felony DUI, the court sets the case for a preliminary hearing. For a first-time misdemeanor DUI, the court places the case on a conference docket instead.
• Trial – If your case isn’t resolved through a plea deal or dismissal, it will go to trial before a judge or jury. Not all cases go to trial, and its rare. But if you are facing a DUI and there is Jail time on the line a trial might be something you should consider.

4. Possible Penalties for a DUI Conviction in Oklahoma

DUI penalties depend on whether it’s your first offense or a repeat offense. For a first-time DUI, you may face:

• Up to 1 year in jail
• Fines up to $1,000
• Mandatory substance abuse evaluation
• Driver’s license suspension
• Installation of an ignition interlock device

Penalties increase significantly for second or third offenses and can result in felony charges.

5. Collateral Consequences of a DUI Arrest

In addition to criminal penalties, a DUI arrest can affect your:

• Auto insurance premiums
• Employment opportunities
• Professional licenses
• Travel or immigration status

These consequences make it essential to respond quickly and carefully.

6. Hiring a DUI Defense Attorney

Navigating a DUI case alone can be overwhelming. An experienced Oklahoma DUI defense attorney can:

• Request your DPS hearing to save your license
• Examine the legality of your traffic stop and arrest
• Challenge the results of your breath or blood test
• Negotiate for reduced charges or alternative sentencing
• Defend you in court if your case goes to trial

7. Your Next Steps After a DUI Arrest in Oklahoma

If you’ve been arrested for DUI:

1. Request a DPS hearing within 30 days to fight license suspension.
2. Do not miss your court dates. Failing to appear can result in a warrant.
3. Contact a defense lawyer as soon as possible to begin building your case.

Tulsa DUI Lawyers in Your Corner

A DUI arrest in Oklahoma carries serious consequences, but the steps you take immediately after the arrest can make a significant difference. Protect your rights, understand the legal process, and don’t wait to get professional legal help. If you’ve been arrested for DUI in Oklahoma, call the Tulsa DUI Attorneys at Kania Law Office at 918-743-2233. Or if you want an online consultation, follow this link to ask a legal question.