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Oklahoma DUI Attorney John Hunsucker

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Oklahoma Super Lawyer John Hunsucker

Oklahoma DUI Attorney John Hunsucker handles Driving Under the Influence (DUI), Driving While Impaired (DWI), Actual Physical Control (APC), Drunk Driving, Child Endangerment resulting from DUI, DUI Manslaughter, and DPS Hearings in Oklahoma City, Oklahoma County, Cleveland County, Lincoln County, Pottawatomie County, Canadian County and throughout Oklahoma.

Oklahoma DUI Attorney John Hunsucker offices in Oklahoma City, Oklahoma and concentrates in Driving Under the Influence - DUI, Driving While Impaired - DWI, Actual Physical Control - APC and Oklahoma Department of Public Safety ( DPS ) Hearings cases. Oklahoma DUI Lawyer John Hunsucker and the Hunsucker Legal Group are Oklahoma's leading drunk driving defense lawyers. Mr. Hunsucker is internationally recognized and attends and/or teaches at almost every local and national DUI related seminars and has also taught in Canada. He has appeared nationally on Court TV/TruTV as an expert legal commentator on the television programs "In Session" with Ashleigh Banfield and "Open Court" with Lisa Bloom. Locally, Mr. Hunsucker has appeared several times on Channels 4,5,9 and 25 as well as radio station KTOK. He is frequently quoted in the Daily Oklahoman for his extensive knowledge and experience in drunk driving defense. Mr. Hunsucker has been retained to litigate and/or consult on several DUI cases nationwide including Texas, California, and Connecticut. The Hunsucker Legal Group is the ONLY LAW FIRM in Oklahoma City that owns and operates Oklahoma's newest breath machine, the Intoxilyzer 8000 (There are only 12 of these machines owned by defense attorneys is the country).

Quality Oklahoma DUI Defense

Once retained, the Hunsucker Legal Group leaves no stone unturned. Unlike other attorneys who claim to be DUI attorneys, we or our investigators visit the scene of the arrest. If you submitted to a breath test or blood test, we request all maintenance logs on the machine used and we automatically get the Intoxilyzer computer downloads or uploads from the Oklahoma Department of Public Safety (DPS). All video recordings concerning your arrest or administration of chemical tests are requested, reviewed, and preserved for your DUI defense. Also, we keep an internal file of all police officers we come in contact with to be used for impeachment purposes if your case proceeds to trial.

Hunsucker DUI Defense publications

When it comes to DUI Defense, Mr. Hunsucker has literally written the book. The only textbook for Oklahoma DUI defense is coauthored by John Hunsucker. This textbook, Oklahoma DUI Defense: The Law and Practice is published by Lawyers and Judges Publishing and is the textbook that lawyers and judges turn to when learning to defend a DUI case. Aspatore Books invited Mr. Hunsucker to write a chapter in their Inside the Minds Series where they ask leading DUI attorneys in the country to contribute. Thus, Mr. Hunsucker coauthored Defending DUI Vehicular Homicide Cases. Additionally, Mr. Hunsucker has coauthored numerous DUI protection books including the: Oklahoma DUI Survival Guide: A Citizen's Protection Manual (1st and 2nd Editions), Minnesota DWI Survival Guide: A Citizen's Protection Manual (1st and 2nd Editions), Florida DUI Survival Guide: A Citizen's Protection Manual, Georgia DUI Survival Guide: A Citizen's Protection Manual (1st and 2nd Editions), Utah DUI Survival Guide: A Citizen's Protection Manual, Colorado DUI Survival Guide: A Citizen's Protection Manual, Maryland DUI Survival Guide: A Citizen's Protection Manual, District of Columbia DUI Survival Guide: A Citizen's Protection Manual, Central Texas DWI Survival Guide: A Citizen's Protection Manual, South Texas DWI Survival Guide: A Citizen's Protection Manual and the West Texas DWI Survival Guide: A Citizen's Protection Manual..

As Oklahoma's leading DUI defense firm, the Hunsucker Legal Group defends hundreds of DUI, DWI, APC, DUI Manslaughter and DPS hearings a year ranging from DUI Felony Murder II, Child Endangerment resulting from DUI to municipal DWIs. Frequently called upon by other attorneys for his extensive DUI knowledge, Mr. Hunsucker is a Director of the Oklahoma Criminal Defense Lawyers Association, Oklahoma's State Delegate and Sustaining Member of the National College for DUI Defense, a fellow with the Litigation Council of America, and is also a Member of the National Association of Criminal Defense Lawyers. Moreover, he is an Adjunct Professor for Northeastern State University. As a former Assistant District Attorney, John Hunsucker has criminally prosecuted hundreds of DUI cases in Oklahoma (Some attorneys will downplay this credential, because they have not obtained this valuable rare knowledge from the other side).

Mr. Hunsucker is the only DUI attorney in Western Oklahoma that has been selected by his peers for inclusion in Oklahoma Superlawyers every year since its debut in Oklahoma (2006, 2007, 2008, 2009, 2010, 2011, 2012, and 2013). Only the top 5% of Oklahoma lawyers are chosen by their peers (other attorneys and judges) for this honor. Additionally, Mr. Hunsucker is rated AV Preeminent by Martindale-Hubbell which is the "Highest Possible Rating in Both legal Ability and Ethical Standards" and has been chosen for "Best Lawyers in America" for the last several years. Both of these recognitions are based on confidential peer selection by other lawyers and judges. Most importantly, John and his firm were selected by the Oklahoma citizens as the Daily Oklahoma's Reader's Choice Award for Best DUI Attorney in 2012 and 2013.

The DUI attorneys at the Hunsucker Legal Group are nationally trained in DUI Defense and are active in the National College for DUI Defense. The staff are field sobriety trained, Intoxilyzer 8000 operators and are well respected by their peers and the courts. Nicholas Lee has attended the National College for DUI Defense's national DUI Trial College held at Harvard University each year. Douglas Baxter clerked at the Oklahoma Court of Criminal Appeals before joining the firm.

Serious Consequences of your Oklahoma DUI Arrest

An Oklahoma DUI, DWI or APC arrest has serious consequences. You stand to lose your Oklahoma driver's license, experience a substantial increase in car insurance rates, pay large fines and court costs and possibly face jail time. Additionally, a DUI conviction could affect your livelihood if you hold any professional licenses. If you are a college student, your university could take further action against you also. If you are in the military, your command more than likely will also take further action.

Oklahoma DUI Attorney John Hunsucker

Proven Track Record Representing Oklahoma DUI Arrests

Hunsucker Legal Group has accumulated a highly successful record of acquittals, dismissals and reductions in the defense of DUI arrest and alcohol related cases. Each DUI arrest is different in Oklahoma, but note that Hunsucker Legal Group always starts with a goal of getting your case dismissed or reduced to a traffic ticket and preventing any loss of driving privileges.

We offer Payment Plans and Fair Fees

Our fees are fair and competitive and in most cases, we charge a low flat rate, which can be paid with payment plans if necessary. For your convenience, we also accept all major credit cards. There is no charge for your free consultation and you will receive your complimentary copy of the Oklahoma DUI Survival Guide. When you factor in our experience and proven results, the Hunsucker Legal Group is a good choice for those who want the highest quality of drunk driving representation at a fair and reasonable cost.

A Word of Warning about your Oklahoma Drivers License

You have only 15 days from the date of arrest to request a hearing on your Oklahoma driver's license. If you fail to request a hearing, your license may be suspended and you face the probability of not being able to drive for 6 months up to several years. It is important that you hire legal representation for this hearing to challenge the license suspension. Having legal representation for this license hearing provides an opportunity for your DUI attorney to question the arresting officer. Putting the officer on the stand helps to establish his or her position, which can be very beneficial to your case.

Call the Hunsucker Legal Group today to discuss the ways we can help keep your Oklahoma Driver's License and try to get a dismissal or reduction in your Oklahoma DUI arrest.


Oklahoma Statutes Citationized

  • Title 47. Motor Vehicles
    • Chapter 11 - Rules of the Road
      • Article 9 - Reckless Driving, Driving While Intoxicated, and Negligent Homicide
        • Section 11-902 - Persons Under the Influence of Alcohol or Other Intoxicating Substance or Combination Thereof Cite as: O.S. ¬ß,
  • A. It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who:
    • 1. Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more at the time of a test of such person's blood or breath administered within two (2) hours after the arrest of such person;
    • 2. Is under the influence of alcohol;
    • 3. Has any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person's blood, saliva, urine or any other bodily fluid at the time of a test of such person's blood, saliva, urine or any other bodily fluid administered within two (2) hours after the arrest of such person;
    • 4. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or
    • 5. Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle.
  • B. The fact that any person charged with a violation of this section is or has been lawfully entitled to use alcohol or a controlled dangerous substance or any other intoxicating substance shall not constitute a defense against any charge of violating this section.
  • C.
    • 1. Any person who is convicted of a violation of the provisions of this section shall be guilty of a misdemeanor for the first offense and shall:
      • a. participate in an assessment and evaluation pursuant to subsection G of this section and shall follow all recommendations made in the assessment and evaluation,
      • b. be punished by imprisonment in jail for not less than ten (10) days nor more than one (1) year, and
      • c. be fined not more than One Thousand Dollars ($1,000.00).
    • 2. Any person who, during the period of any court-imposed probationary term or within ten (10) years of the date following the completion of the execution of any sentence or deferred judgment for a violation of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided in subsection A of this section, Section 11-904 of this title or paragraph 4 of subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes, commits a second offense pursuant to the provisions of this section or has a prior conviction in a municipal criminal court of record for the violation of a municipal ordinance prohibiting the offense provided for in subsection A of this section and within ten (10) years of the date following the completion of the execution of such sentence or deferred judgment commits a second offense pursuant to the provisions of this section shall, upon conviction, be guilty of a felony and shall participate in an assessment and evaluation pursuant to subsection G of this section and shall be sentenced to:
      • a. follow all recommendations made in the assessment and evaluation for treatment at the defendant's expense, or
      • b. placement in the custody of the Department of Corrections for not less than one (1) year and not to exceed five (5) years and a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), or
      • c. treatment, imprisonment and a fine within the limitations prescribed in subparagraphs a and b of this paragraph.

        However, if the treatment in subparagraph a of this paragraph does not include residential or inpatient treatment for a period of not less than five (5) days, the person shall serve a term of imprisonment of at least five (5) days.
    • 3. Any person who is convicted of a second felony offense pursuant to the provisions of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided for in subsection A of this section, Section 11-904 of this title or paragraph 4 of subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes shall participate in an assessment and evaluation pursuant to subsection G of this section and shall be sentenced to:
      • a. follow all recommendations made in the assessment and evaluation for treatment at the defendant's expense, two hundred forty (240) hours of community service and use of an ignition interlock device, as provided by subparagraph n of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes, or
      • b. placement in the custody of the Department of Corrections for not less than one (1) year and not to exceed ten (10) years and a fine of not more than Five Thousand Dollars ($5,000.00), or
      • c. treatment, imprisonment and a fine within the limitations prescribed in subparagraphs a and b of this paragraph.

        However, if the treatment in subsection G of this section does not include residential or inpatient treatment for a period of not less than ten (10) days, the person shall serve a term of imprisonment of at least ten (10) days.
    • 4. Any person who is convicted of a third or subsequent felony offense pursuant to the provisions of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided for in subsection A of this section, Section 11-904 of this title or paragraph 4 of subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes shall participate in an assessment and evaluation pursuant to subsection G of this section and shall be sentenced to:
      • a. follow all recommendations made in the assessment and evaluation for treatment at the defendant's expense, followed by not less than one (1) year of supervision and periodic testing at the defendant's expense, four hundred eighty (480) hours of community service, and use of an ignition interlock device, as provided by subparagraph n of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes, for a minimum of thirty (30) days, or
      • b. placement in the custody of the Department of Corrections for not less than one (1) year and not to exceed twenty (20) years and a fine of not more than Five Thousand Dollars ($5,000.00), or
      • c. treatment, imprisonment and a fine within the limitations prescribed in subparagraphs a and b of this paragraph.

        However, if the person does not undergo residential or inpatient treatment pursuant to subsection G of this section the person shall serve a term of imprisonment of at least ten (10) days.
    • 5. Any person who, after a previous conviction of a violation of murder in the second degree or manslaughter in the first degree in which the death was caused as a result of driving under the influence of alcohol or other intoxicating substance, is convicted of a violation of this section shall be guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for not less than five (5) years and not to exceed twenty (20) years, and a fine of not more than Ten Thousand Dollars ($10,000.00).
    • 6. Provided, however, a conviction from another state shall not be used to enhance punishment pursuant to the provisions of this subsection if that conviction is based on a blood or breath alcohol concentration of less than eight-hundredths (0.08).
    • 7. In any case in which a defendant is charged with a second or subsequent driving under the influence of alcohol or other intoxicating substance offense within any municipality with a municipal court other than a court of record, the charge shall be presented to the county's district attorney and filed with the district court of the county within which the municipality is located.
  • D. Any person who is convicted of a violation of driving under the influence with a blood or breath alcohol concentration of fifteen-hundredths (0.15) or more pursuant to this section shall be deemed guilty of aggravated driving under the influence. A person convicted of aggravated driving under the influence shall participate in an assessment and evaluation pursuant to subsection G of this section and shall comply with all recommendations for treatment. Such person shall be sentenced to:
    • 1. Not less than one (1) year of supervision and periodic testing at the defendant's expense; and
    • 2. An ignition interlock device or devices, as provided by subparagraph n of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes, for a minimum of ninety (90) days.

      Nothing in this subsection shall preclude the defendant from being charged or punished as provided in paragraph 1, 2, 3, 4 or 5 of subsection C of this section. Any person who is convicted pursuant to the provisions of this subsection shall be guilty of a misdemeanor for a first offense and shall be punished as provided in paragraph 1 of subsection C of this section. Any person who, during the period of any court-imposed probationary term or within ten (10) years of the completion of the execution of any sentence or deferred judgment, commits a second violation of this subsection shall, upon conviction, be guilty of a felony and shall be punished as provided in paragraph 2 of subsection C of this section. Any person who commits a second felony offense pursuant to this subsection shall, upon conviction, be guilty of a felony and shall be punished as provided in paragraph 3 of subsection C of this section. Any person who commits a third or subsequent felony offense pursuant to the provisions of this subsection shall, upon conviction, be guilty of a felony and shall be punished as provided in paragraph 4 of subsection C of this section.
  • E. When a person is sentenced to imprisonment in the custody of the Department of Corrections, the person shall be processed through the Lexington Assessment and Reception Center or at a place determined by the Director of the Department of Corrections. The Department of Corrections shall classify and assign the person to one or more of the following:
    • 1. The Department of Mental Health and Substance Abuse Services pursuant to paragraph 1 of subsection A of Section 612 of Title 57 of the Oklahoma Statutes; or
    • 2. A correctional facility operated by the Department of Corrections with assignment to substance abuse treatment. Successful completion of a Department-of-Corrections-approved substance abuse treatment program shall satisfy the recommendation for a ten-hour or twenty-four-hour alcohol and drug substance abuse course or treatment program or both. Successful completion of an approved Department of Corrections substance abuse treatment program may precede or follow the required assessment.
  • F. The Department of Public Safety is hereby authorized to reinstate any suspended or revoked driving privilege when the person meets the statutory requirements which affect the existing driving privilege.
  • G. Any person who is found guilty of a violation of the provisions of this section shall be ordered to participate in an alcohol and drug substance abuse evaluation and assessment program offered by a certified assessment agency or certified assessor for the purpose of evaluating and assessing the receptivity to treatment and prognosis of the person and shall follow all recommendations made in the assessment and evaluation for treatment. The court shall order the person to reimburse the agency or assessor for the evaluation and assessment. Payment shall be remitted by the defendant or on behalf of the defendant by any third party; provided, no state-appropriated funds are utilized. The fee for an evaluation and assessment shall be the amount provided in subsection C of Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation and assessment shall be conducted at a certified assessment agency, the office of a certified assessor or at another location as ordered by the court. The agency or assessor shall, within seventy-two (72) hours from the time the person is evaluated and assessed, submit a written report to the court for the purpose of assisting the court in its sentencing determination. The court shall, as a condition of any sentence imposed, including deferred and suspended sentences, require the person to participate in and successfully complete all recommendations from the evaluation, such as an alcohol and substance abuse treatment program pursuant to Section 3-452 of Title 43A of the Oklahoma Statutes. If such report indicates that the evaluation and assessment shows that the defendant would benefit from a ten-hour or twenty-four-hour alcohol and drug substance abuse course or a treatment program or both, the court shall, as a condition of any sentence imposed, including deferred and suspended sentences, require the person to follow all recommendations identified by the evaluation and assessment and ordered by the court. No person, agency or facility operating an evaluation and assessment program certified by the Department of Mental Health and Substance Abuse Services shall solicit or refer any person evaluated and assessed pursuant to this section for any treatment program or substance abuse service in which such person, agency or facility has a vested interest; however, this provision shall not be construed to prohibit the court from ordering participation in or any person from voluntarily utilizing a treatment program or substance abuse service offered by such person, agency or facility. If a person is sentenced to imprisonment in the custody of the Department of Corrections and the court has received a written evaluation report pursuant to the provisions of this subsection, the report shall be furnished to the Department of Corrections with the judgment and sentence. Any evaluation and assessment report submitted to the court pursuant to the provisions of this subsection shall be handled in a manner which will keep such report confidential from the general public's review. Nothing contained in this subsection shall be construed to prohibit the court from ordering judgment and sentence in the event the defendant fails or refuses to comply with an order of the court to obtain the evaluation and assessment required by this subsection. If the defendant fails or refuses to comply with an order of the court to obtain the evaluation and assessment, the Department of Public Safety shall not reinstate driving privileges until the defendant has complied in full with such order. Nothing contained in this subsection shall be construed to prohibit the court from ordering judgment and sentence and any other sanction authorized by law for failure or refusal to comply with an order of the court.
  • H. Any person who is found guilty of a violation of the provisions of this section may be required by the court to attend a victims impact panel program, as defined in subsection H of Section 991a of Title 22 of the Oklahoma Statutes, if such a program is offered in the county where the judgment is rendered, and to pay a fee of not less than Fifteen Dollars ($15.00) nor more than Sixty Dollars ($60.00) as set by the governing authority of the program and approved by the court to the program to offset the cost of participation by the defendant, if in the opinion of the court the defendant has the ability to pay such fee.
  • I. Any person who is found guilty of a felony violation of the provisions of this section shall be required to submit to electronic monitoring as authorized and defined by Section 991a of Title 22 of the Oklahoma Statutes.
  • J. Any person who is found guilty of a violation of the provisions of this section who has been sentenced by the court to perform any type of community service shall not be permitted to pay a fine in lieu of performing the community service.
  • K. When a person is found guilty of a violation of the provisions of this section, the court shall order, in addition to any other penalty, the defendant to pay a one-hundred-dollar assessment to be deposited in the Drug Abuse Education and Treatment Revolving Fund created in Section 2-503.2 of Title 63 of the Oklahoma Statutes, upon collection.
  • L.
    • 1. When a person is eighteen (18) years of age or older, and is the driver, operator, or person in physical control of a vehicle, and is convicted of violating any provision of this section while transporting or having in the motor vehicle any child less than eighteen (18) years of age, the fine shall be enhanced to double the amount of the fine imposed for the underlying driving under the influence (DUI) violation which shall be in addition to any other penalties allowed by this section.
    • 2. Nothing in this subsection shall prohibit the prosecution of a person pursuant to Section 852.1 of Title 21 of the Oklahoma Statutes who is in violation of any provision of this section or Section 11-904 of this title.
  • M. Any plea of guilty, nolo contendere or finding of guilt for a violation of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided for in subsection A of this section, Section 11-904 of this title, or paragraph 4 of subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes, shall constitute a conviction of the offense for the purpose of this section for a period of ten (10) years following the completion of any court-imposed probationary term.
  • N. If qualified by knowledge, skill, experience, training or education, a witness shall be allowed to testify in the form of an opinion or otherwise solely on the issue of impairment, but not on the issue of specific alcohol concentration level, relating to the following:
    • 1. The results of any standardized field sobriety test including, but not limited to, the horizontal gaze nystagmus (HGN) test administered by a person who has completed training in standardized field sobriety testing; or
    • 2. Whether a person was under the influence of one or more impairing substances and the category of such impairing substance or substances. A witness who has received training and holds a current certification as a drug recognition expert shall be qualified to give the testimony in any case in which such testimony may be relevant.
Oklahoma DUI Consultation
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The information on this website is provided as educational and awareness information and should not be construed as legal advice. Nothing contained on this site constitutes any type of legal agreement, relationship, or obligation between the parties.

 DUI Questions
 · What is the difference between DPS License Hearing and Criminal Case?
 · What if I have a Commerical Drivers License ( CDL )?
 · What if I have a Pilot's License and I get a DUI?
 · What are the criminal penalties of a DUI in Oklahoma? 
 · What will happen to my Oklahoma Driver's License if I am arrested for a DUI?
 · Will I go to jail for getting a DUI in Oklahoma?
 · Are Field Sobriety Tests very accurate?
 · How Accurate is the Breath Test?
 · How is the Breath Testing Done?
 · Can anything affect my performance on the Field Sobriety Tests?

More FAQS on DUI

 Field Sobriety Tests - Do you have to submit to these tests?
Every single DUI case is different, but as a general rule, it is almost always better to take the test in Oklahoma. However, if you have several convictions for DUI and fail time is more of the concern versus saving your Oklahoma driver's license, then you should not take the test unless you think you will pass it.

· To Take the Test or not, that is the question?
· What are Field Sobriety Tests?
· Horizontal Gaze Nystagmus (HGN)
· Walk & Turn
· One Leg Stand
· Counting Backwards (not a validated test)
· Alphabet (not a validated test)
· Finger Count (not a validated test)
· Stationary Balance (i.e. Rhomberg) (not a validated test)
· Field Test Realities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

New DUI Laws
Effective Nov 1, 2011

If you refused to take the breath or blood test or the result was a .15 or higher BAC, you may be required to install an ignition interlock device on your car for two years. If you have prior license revocations, you may be required to install an ignition interlock device on your vehicle for up to 8 years. Contact our office at 405-231-5600 now to see if these new laws apply to you. Remember, we must take action within 15 days of your arrest to prevent license suspension.

DUI Penalties
Field Sobriety Test
Calculate your BAC
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Out of State Residents