Mission & Goals for your Oklahoma DUI Case

Our superior reputation with the courts, the prosecutor's office, the DPS and future clients is dependant on our vigorous and zealous advocacy in every case we handle, including and especially your case. We will be working vigilantly and  tirelessly to resolve this matter in the best way possible.

DPS Side of the Oklahoma DUI Case

For the information regarding your driving under the influence, we will initially be contacting the the Oklahoma Department of Public Safety, if you had contacted our office within 15 days of your arrest, to set up an Implied Consent Hearing hearing to challenge their projected suspension of your driving privilege in the State of Oklahoma. We will cross-examine the arresting officer regarding their background, training, experience in DUI cases as well as the specific procedures or lack thereof that were adhered to or not in your individual case.  Appearance at the DPS hearing is your choice but if you do want to attend we ask that you please notify us and you appear dressed in a professional manner.

Criminal Side of the Oklahoma DUI Case

In terms of the criminal case, your first court appearance is known as your arraignment. This is the hearing wherein the judge advises what charges are filed against you and requests a plea to be entered on your behalf.  Depending on the court your appearance at the arraignment may or may not be required. 

Each court has different procedural requirements as far as court appearances.  Mr. Hunsucker will explain to you at your free consulation how your individual court works.  Our office will keep you fully informed of whether your attendance at any court appearance is required. 

Pretrial Motions in a Oklahoma DUI Case

Before trial we will want to file pretrial motions that may or may not require your attendance to challenge the admissibility of the prosecutors evidence, and a ruling in your favor can result in evidence being excluded from your trial, including evidence of a blood test or breath test, the results of some or all of the field sobriety tests, or adverse statements you may have made. Successful pre-trial motions often compel the prosecutor to make an advantageous plea bargain offer, or can result in the dismissal of the charge based on an unconstitutional stop.

Jury Trial of your Oklahoma DUI Case

Finally, we may even schedule a jury trial date whether or not you desire to go to trial. This additional court date will give us one final chance to resolve the case. Typically, jury trials with our firm last about two to four days. The jury trial process is a lengthy one. The first thing we deal with is the motions in limine to exclude/preclude or limit evidence. The next thing we do is start the jury selection or voir dire process. In Oklahoma, we have twelve person juries in felony cases and six person juries in misdemeanor cases.  All jurors must agree in order to convict and it will take only one to hang the jury requiring a mistrial. Questions are posed to prospective jurors regarding their bias, prejudices and fitness to stand as a juror in a DUI case. After the jury is selected then both the prosecutor and defense attorney have the option of delivering an opening statement. After the opening statement, the prosecution, since it has the burden of proof beyond a reasonable doubt, starts calling their witness against you. Usually, the first witness is the police officer that made the arrest and possible their partner officer. Following the law enforcement officer or officers is usually the person who administer the breath test or who collected the blood test. If a blood test was administered, then the State will call their chemist to admit the blood test results.  After that witness the prosecution usually rests. After each witness of the prosecution and before their next witness is defense counsel's opportunity to cross-examine the witnesses the State places against you. Like a skilled surgeon cutting open a patient to expose the problems, our cross-examination of the cop and forensic toxicologist should do no less. Rigorous cross-examination is the only engine for truth in a criminal trial. The people will rest after their last witness and the defense may or may not put on a case. Depending on the state of the case, we may or may not call any witnesses to stand. If we do call any witness it will be the people who were with you that evening, in your car when pulled over, one of the officers not called by the prosecution, a private investigator and our own forensic toxicologist or experts. After we put on our case, the prosecution has an opportunity to call rebuttal witnesses. After that, the prosecution and defense will argue about jury instructions on the law to the judge. Once that has been accomplished both counsel will engage in closing argument. After closing argument, the jury will then be sent to deliberate and attempt to reach a verdict. Sometimes during deliberations, jurors will pose questions to the court and counsel will argue about the appropriate responses. The deliberation process will yield one of two outcomes, a verdict or and inability to reach a decision resulting in a hung trial/mistrial. Depending on how the vote went the prosecutor has the option of re-trying the case at a future date, offering a plea bargain to a reduced charge, or dismissing the case.

Court Attire

When you are required to make court appearances, please dress appropriately. Please wear a suit, pants with a shirt and jacket, or pants with a shirt to court and professional dress for women. Please do not wear sunglasses, a baseball cap or shorts. When going to court dress and act like you would when applying for a job or attending a funeral.

Client Notice

Please note that after each court appearance a letter will be forwarded to you regarding when the next court appearance is scheduled, copies of any documents relating to your case obtained from the appearance as well as important information which may be needed on your end. In other words, you will be informed throughout this process of all that is going on with your case. If you still have any questions regarding your case that our letters do not address, please do not hesitate to contact our office. My case managers can usually answer the basic questions such as confirming court dates, confirming payment due dates, confirming DPS dates, and verifying certain information in the file. If you need to speak with me directly and I am not in the office at the time you call, please leave a detailed message with my staff so that I can return your phone call promptly with a response. Remember that you are not to discuss your case with anyone except our DUI lawyers, our office staff, and those people I have directed to speak with you. If you have any questions concerning this, please call our office immediately. Furthermore, if you have any documents relating to this arrest, please forward them to our office at once.

Client Responsibilities

In a DUI case with our office, other than reviewing the police report, reviewing DUI transcripts/video, completing the questionnaire, providing documents and witnesses, there may not be a lot for the client to do and that may be a bit frustrating but please be assured that we are working vigorously and diligently on your case so your patience, understanding and consideration will be requested and appreciated.