Keeping your CDL after a DUI or getting a CDL after a DUI In Oklahoma is a major concern. A DUI (Driving Under the Influence) conviction with or without a commercial drivers license carries major consequences for both commercial and non-commercial drivers licenses in the State. The punishment you face depends on several factors. Those factors can include how drunk you seem to be and if you have any prior DUI convictions. Other factors include if there was an injury DUI accident or if you were hauling hazardous material at the time of the DUI.
DUI In Okla. Will Impact Your CDL
- Period of Suspension: If you are convicted of a DUI, your commercial drivers license will be suspended for a statutory time period. The length of time for the suspension depends on the offense:
- First Offense: Suspension of your CDL for a minimum of one year. This suspension includes both your CDL and you regular drivers license.
- First Offense While driving your commercial vehicle during the transportation of any hazardous materials is much more severe: Suspension of your CDL for a minimum period of at least three years if you were transporting hazardous materials at the time of the DUI.
- Second Offense: If you have a CDL and you get a second DUI, they suspend your CDL for life.
- Criminal Penalties: There are more penalties beyond those that impact your CDL after a DUI. Depending on the particular facts of your case those could involve jail time together with fines, costs and community service and supervised probation through the district attorneys office. They will also require you to take drug and alcohol classes.
- Your Employer Must be Notified: If you hold a CDL and are convicted of a DUI, you must notify your employer within 30 days of the conviction.
- Entry on Driving Record: The conviction for the DUI is entered on your driving record. In many circumstances this could impact your ability to hold a job as a commercial driver.
- SR-22 Insurance: You may need to obtain additional insurance. This refers to SR-22 high-risk insurance. This insurance is very expensive to you.
Court Process For a DUI in Oklahoma
Once you get a DUI you can expect the process to move forward in a very specific fashion. Once you bond out of jail there is an initial court date set. This first court appearance is the arraignment. The court requires you to have an attorney for this setting. At the arraignment your attorney will enter a plea of not guilty on your behalf. At this hearing the State will indicate if the charge is a felony or a misdemeanor.
The Judge will also set a disposition date or preliminary hearing date depending on the charge. At the disposition you will get an offer from the district attorney to settle the case. The offer can be probation or jail time. The states offer depends on the number of DUI convictions you have in your past and other factors. If you decline the offer you must set the case for a trial. After the trial, if they find you are guilty, the Judge or the Jury can sentence you within the range of sentencing. If you get a not guilty you walk and they dismiss the charges. In the event that you get a not guilty, the DUI are charges gone and you get your drivers license back.
DUI Legal Help Near You
When you face a DUI charge or any other criminal charges you should reach out to a criminal defense attorney. Regardless if the charge is a felony or a misdemeanor a criminal conviction may subject you to jail or other fines and costs. An attorney understands the case and knows how to advance the case in the best possible way for you. Get a free consultation with a Tulsa DUI lawyer at Kania Law Office by calling 918.743.2233 or click here to ask a free legal question.
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