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So, you’ve been charged with a DUI. What happens next? There are actually two kinds of courts that you’ll be dealing with, explains Tulsa criminal defense attorney Stephen Cale. If you’ve been charged with a DUI or any crime, call the Cale Law Office at 918-277-4800. Your initial consultation is free. Attorney Cale will also create a free defense strategy plan that is custom-made to your case and you can take with you.
Today I want to talk to you about what happens after you’ve been arrested for a DUI. This isn’t legal advice. It’s for educational purposes only and is a general overview. It’ll help you get a better understanding of what you can expect next after arrested for DUI. Of course, one the first things you want to do is call a lawyer. Call Tulsa criminal defense attorney Stephen Cale at 918-277-4800 to set up your first consultation.
Two Kinds of Proceedings
So, let’s get to it. You’ve been arrested for DUI and bonded out of jail. What happens next? There are actually two kinds proceedings that go along with your case. For one, there is a criminal proceeding. Secondly, there is what’s called an administrative proceeding through the Department of Public Safety. I’ll refer to that has DPS.
Let’s talk first about the criminal matter. That’s usually going to take place in the District Court of the county that you were arrested in. In some of the larger cities – like Tulsa and Oklahoma City – an officer can write you a citation for DUI for the case to be in municipal or city court. But it’s more likely to be in the District Court in the county where the arrest occurred. Now, the procedure can vary a little bit in the District Court depending on whether or not you are charged with a misdemeanor or felony DUI. If you’ve been arrested for the first time for DUI, it’s a misdemeanor DUI. A misdemeanor is punishable a year or less in jail and/or a fine. So, if you’re convicted, then you’re looking some kind of drug and alcohol assessment and evaluation, possible jail time of 10 days to a year and a fine of the thousand dollars or less. That’s if you’re convicted. Believe it or not, even if you were drinking and driving you while driving under the influence the charge can be beaten. So it is really important to contact an attorney. Give me, Tulsa criminal defense attorney Stephen Cale a call at 918-277-4800.
Now, for felony DUI’s, that often times occurs where a have a previous DUI and then another within a 10 year period. That 10-year period means 10 years from the time that the sentence in the previous DUI would be completed – even if you’re on probation.
The DA’s can elect to charge with a felony to get it within the 10 year period. A felony DUI is punishable by 1 to 5 years in prison and up to $2500 fine. The defendant can also be ordered to get treatment in prison.
DUIs can be beaten or you can work on a plea deal plea deal, which may include probation – a deferred sentence or suspended sentence. Here’s the difference: a suspended sentence counts as a conviction; a deferred sentence does not.
If you don’t want to go to trial then I’ll work out plea deal you. Maybe I can get you probation if that’s what you want. It could a year,18 months, could be two years, payment of fines and costs, and then there’s a victim’s impact panel, DUI, and things of that nature. If the DA wants you to do some jail, in some counties judges will either and prosecutors will agree to weekends in jail.
Administrative Court Proceedings
Now for the administrative aspect of when a person gets arrested for DUI. We have in Oklahoma when what’s called implied consent. Implied consent, in essence, is a law that states that a person who’s operating a motor vehicle on state highways is deemed to have given consent, upon arrest, to do a blood test or breath alcohol test. When you have been arrested, you’re going to get a piece of paper from the officer that will act as your temporary license and serve as a notice that your license has been temporarily suspended. There will be a notice stating that you have a right to appeal and have an administrative hearing. The request must be done within 15 days have your arrest.
The hearing is to get your driver’s license reinstated. So you definitely want to have that hearing. I always request them for my clients. Sometimes those hearings aren’t held in a timely manner and so you get your license reinstated. Many times that DPS will initiate the hearing, the arresting officer doesn’t show up (these hearings are done by telephone). But still sometimes the arresting officer will show, appeared by telephone, or in person at DPS. You always want to act on that quickly because not having a valid driver’s license can cause all kinds of problems for you.
DUI laws actually complicated. That’s why I’m saying and emphasizing that this is just a general overview. No two cases are like. But, Tulsa criminal defense attorney Stephen Cale will provide aggressive legal representation and work hard to get you the best result.
If you haven’t already, check out my video and blog about DUI checkpoints. These are sometimes called sobriety checkpoints. There are certain rules that apply to police when they conduct this kind of check. Failure to follow these rules could result in getting a charge dismissed. There are so many loopholes in the law. That’s why you want to experienced criminal defense attorney like Stephen Cale to defend you and your case.
Attorney Stephen Cale has been practicing for nearly 2 decades. He brings with him a wealth of knowledge and experience. He takes every case seriously and works hard for his clients. So if you or anyone you know has been charged with a crime, call the Cale law office at 918-277-4800.