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Collinsville DUI Lawyers

• JOEL K. MITCHELL:

  DUI INFORMATION

  What is DUI?

  DUI is short for "Driving Under the Influence." A person is guilty of a DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state.

  Does the car have to be moving for me to be guilty of DUI?

  No. You may be arrested for a DUI by driving while over the legal BAC in your state or while impaired. However, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, and it does not matter if you were exercising that capability or power at the time of the arrest. Simply put, merely sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.

  Do I have to submit to a breath, blood, or urine test?

  No. However, refusing such tests is generally not a good idea. Your refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of you consciousness of guilt.

  If I am arrested for a DUI, will I lose my license?

  Yes, the law enforcement officer will seize your license if you are arrested for DUI with an unlawful BAC or after you refused to submit to a test. The officer will take your license and will issue you a traffic ticket, which acts as both a temporary driver's license and as your notice of suspension.

  Can I fight my License Revocation?

  Yes. You may request an administrative hearing from the Department of Public Safety. This must be done within fifteen (15) days of the arrest. At the hearing, the hearing officer is authorized to administer oaths, examine witnesses and take testimony. The officer should be cross-examined as to the procedures he followed when testing, and evidence should be presented regarding the reliability and maintenance of the breath machine.

  How long will I lose my license?

  In Oklahoma, the 1st revocation is for 180 days. If it is your 2nd revocation within five (5) years, the revocation period will be for 1 year. Additional revocations increase the revocation time.

  Oklahoma law provides for a modified driver's license during the 180-day revocation period, but requires the licensee to install an ignition interlock device on their vehicle.

  What else will happen to me?

  If the charge is a state charge, the penalty can range from 10 days in the county jail to the maximum of 10 years in the state penitentiary and up to $7500 in fines. The harshness of the penalty depends upon the number of prior offenses. For municipal charges, the maximum penalty is 6 months in jail along with fines and court costs. Furthermore, your insurance company may discontinue its coverage or at the very least, assign you to a high-risk category, resulting in a substantial increase in our premiums.

  What happens after a DUI arrest in Oklahoma?

  1. Department of Public Safety Hearing:

  In order to continue driving, you must within 15 days of your arrest request that the D.P.S. schedule a hearing. So long as your license at the time you were arrested was valid, you will be issued a temporary license until this hearing. You will be mailed a notice of the hearing about three weeks after your request. You can plan on at least 45 days of driving. If you lose at the hearing, you can either continue to dispute the arrest/charge or you can seek a modified driver's license to have during the 180-day revocation period, accompanied by the ignition interlock device on your vehicle.

  2. Arraignment:

  You appear in Court, where the charges against you are explained, and you plead guilty or not guilty.

  3. Disposition:

  This is where your attorney often discusses your case with the prosecutor. It is a procedural appearance where the case is either continued, set for trial, or an agreed-upon guilty plea is entered. Disposition dates can occur before OR after Pre-Trial Conferences OR Suppression hearings.

  4. Pre-trial Conference

  Your attorney will discuss your case with the District Attorney and negotiate the best possible plea bargain if one has not yet been reached. This stage generally occurs a few months after arraignment, usually after the DPS hearing has occurred. The attorney then gets with the client to discuss any pending plea-bargain offer or whether to take this case to trial.

  5. Suppression Hearing:

  The Court may suppress some evidence against you for certain reasons (e.g., if your constitutional rights have been violated or if the police have not followed all the laws in the arrest or the administration of your tests). This stage occurs anywhere from two to three months after the arraignment, usually after the DPS hearing.

  6. Trial and Sentencing:

  Surely, you have watched enough television to gain an inkling of knowledge about what occurs at trial. Also, either after a trial or after a plea bargain has been accepted and entered, sentencing occurs. Sentencing may include jail time, in-home detention, public service, self-improvement/rehab classes or counseling, and court fines.