FREE EVALUATION

What happens after a DUI arrest in Oklahoma?

1. Implied Consent Hearing at the Department of Public Safety:

   To preserve your right to drive in Oklahoma, you must request a hearing within 15 days of the date of your arrest. A hearing will be scheduled thereafter. A temporary license will be provided to you pending this hearing, IF your license was valid on the date of the arrest.

   If you had a valid license when stopped, you are qualified for a temporary license to drive until the 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, there are options that are available to either re-fight this OR request a modification or "work permit". Crucial defenses can be developed at the hearing.
   
   

2. Arraignment:

   Some courts allow the attorney to appear for you and you do not have to make this appearance. Others require you at each court date. Your attorney will advise you of what applies to your case.
   
   

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, and/or pled. 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. It will happen about 6 weeks after arraignment. Our office tries to always do this AFTER the Implied Consent Hearing at the DPS. The attorney then gets with the client to discuss this offer OR whether to take this case to trial.
   
   

5. Suppression Hearing:

   The Court may suppress some or all of the evidence against you 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. Your attorney will file motions to suppress. It occurs anywhere from 6 weeks to 3 months after the arraignment, AND our office usually waits until after we have had the Implied Consent Hearing at the DPS.
   
   

6. Trial:

   Misdemeanor cases have juries of six persons. Felony cases have twelve. The verdict must be unanimous to convict you.
   
   

7. Sentencing:

   The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in home detention, public service, alcohol classes and fines.