A DUI trial in Tulsa is not the same as drunk driving cases in most States. The great majority of Driving Under the Influence (DUI) cases in Oklahoma never go to trial, mostly because working with a knowledgeable DUI attorney can result in a positive outcome that might not involve a trial at all. This may also be because the DUI lawyer is able to work out alternative sentencing and probation deals that out weigh the consequences of a first time DUI charge. Whether you go to trial or not depends on whether you’ve been charged with a misdemeanor or a felony DUI.
Oklahoma Misdemeanor DUI Court Process
At your initial hearing or arraignment for a DUI, you will be informed by the judge of the charges against you and will have the opportunity to enter a plea (e.g. guilty, not guilty). The charges that are filed against you are called the information. The information includes the actual charge itself together with the statutory reference used. At the conclusion of the arraignment you are released and given a disposition or conference date.
Misdemeanor Disposition Court Appearance
At the disposition and conference dockets is when the rubber hits the road in your case. Before the DUI trial in Tulsa, your lawyer will file one or more motions asking for some or all evidence against you to be dismissed, such as the results of your field sobriety test or chemical test. If successful, then you may be offered an advantageous plea or have the charges dismissed altogether.
Specifically, your DUI defense attorney may be able to get the case dismissed or reduced to either a non-DUI or a traffic offense. They could attack the district attorney’s case in a number of ways, including showing that the police did not have reasonable suspicion to pull you over, or probable cause to arrest you for DUI. Maybe you weren’t administered Implied Consent warnings or Miranda warnings. Perhaps the police failed to safeguard or handle your Blood Alcohol Content (BAC) sample. Maybe you were made to take an inaccurate or defective BAC test. You might have even been intoxicated against your will.
Did The Police Make Mistakes in Your Case
If your DUI attorney can make a strong showing that the police messed up in your case, then it is possible for your case to be downgraded (e.g. reckless driving) or even dismissed. This often results in a plea bargain, rather then a DUI trial in Tulsa, at which you agree to plead guilty or no contest to a reduced charge. The benefit of the plea bargain is that you can avoid uncertainties of losing at trial. The disadvantage of a plea bargain is that you are agreeing to be found guilty of something, so if you really didn’t commit the DUI, then you might find this to be a humiliating and unfair experience. For that reason, you might push for a trial in hopes of clearing your name.
You Are Eligible For A Deferred Sentence
Your lawyer knows that the penalties associated with being convicted are quite harsh, and they will fight for you to avoid you being handed a long jail or prison sentence. If the case against you appears to be strong, then one of the most viable options that may be available to you is delayed sentencing or a deferred sentence. Basically, Oklahoma offers a deferred sentence for first-time offenders – those who don’t have prior convictions on their record within 10 years of the current DUI charge. This program enables them to avoid a conviction and to expunge the record under a 991 C expungement. This requires you to finish the terms of your probation and to pay all of your court costs and fines. Generally, the deferred sentence program requires the following:
· A one-year to 18 month deferred sentence (you don’t go to jail as long as you steer clear from violating the law)
· Probation
· Drug and alcohol evaluation or treatment
· A reduced fine
· Supervision by the district attorney
· Attendance at a victim impact panel
· Payment into the victim compensation fund
You Can Enter A Blind Plea
Perhaps your attorney thinks that it is best for you to avoid negotiating with the district attorney for a plea agreement, and to avoid rolling the dice at trial. In this situation, another option to avoid trial is a blind plea. This is where you try to make a deal with the judge. Although this could result in a better arrangement than what you could get with the district attorney, it might also result in a more severe penalty. An experienced DUI attorney will know whether you should pursue a blind plea.
What Are The Consequences If Convicted At Trial?
Penalties for a DUI depend on how many prior violations you have, the circumstances of your case, and on the judge. Generally, getting convicted for a first DUI in Oklahoma means that you will be facing between ten days and one year in jail, a fine of up to $1,000, and a driver’s license revocation of six months.
If you have a second DUI conviction within ten years of the first one, then your jail sentence could range between one and five years, the fine increases to $2,500, and the revocation of your driver’s license lasts at least one year. Additionally, you’ll have to get an ignition interlocking device for up to three years following the period in which your license is revoked.
Should you face a third or subsequent DUI conviction, then jail time ranges between one and ten years, the fine increases to $5,000, and the revocation of your driver’s license lasts three years. Also, the ignition interlock device must be placed on your vehicle for up to three years after the period of your license revocation.
Tulsa DUI Lawyers Near You
If the facts of your case are in your favor you want to have a DUI trial in Tulsa we can do it. On the other hand, if the facts aren’t in our favor we can also negotiate probation for you. When you are facing DUI charges, it is completely normal to be worried and uncertain about how things will fare for you. The stakes are high in DUI cases. Because of this, it is essential that you get in front of the problem and begging the defense as soon as possible. The criminal defense lawyers at Tulsa Criminal Lawyers Law Firm have helped countless Oklahomans resolve their DUI charges. For a free consultation, reach out to us by calling (918) 416-0358 or by contacting us online.