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DUI Process We make it a point to know more about your arrest and evidence, than the officer who arrested you

Oklahoma DUI Court Process

For many people, dealing with a DUI charge can be a harrowing experience, especially if it is their first time being arrested and dealing with the justice system. Here you will find what you can expect throughout the judicial process.

Civil/DPS Action vs. Criminal Action

The first thing you need to understand about a DUI charge in Oklahoma is that you are actually facing two separate actions: the first is a criminal charge for driving under the influence, which will be decided in a court by a judge or jury; the second is a civil action, administered by the Oklahoma Department of Public Safety (DPS), against your driver’s license.

Once you have been arrested for DUI, you will have just 30 days to contact the DPS and request an administrative hearing. It is CRITICAL that this hearing is requested in time; otherwise, you will forfeit your chance to defend you driving privileges and your license will be automatically revoked for no less than 180 days.

The Criminal Charge

The criminal side of the DUI charge proceeds through the judicial system just like any other criminal charge. First, you will have an initial hearing, called an arraignment. At the arraignment, the judge will inform you of what you are being charged with and you will enter a plea. Depending on the circumstances, you may or may not need to appear at the arraignment.

Before the actual trial, your defense team will file any pretrial motions that are applicable in the case. A pretrial motion can challenge the admissibility of certain pieces of evidence, such as the results of a blood or breath BAC test or any field sobriety tests. In some cases, a successful pretrial motion can result in the prosecution offering an advantageous plea deal or in the charges being dismissed altogether.

Jury Trial

If the case is not resolved after the pretrial motions are filed, then a jury trial may be scheduled. The jury trial process generally lasts between two to four days. A jury trial looks like what you are used to seeing on TV and in movies: the prosecution and the defense make opening statements, witnesses are called, evidence is presented, and the jury renders a verdict. The verdict must be unanimous; just one dissenting vote can result in a hung jury, which would cause a mistrial.

Other Possible Outcomes

The attorneys at the Hunsucker Legal Group are all qualified to put on a DUI jury trial or bench trial.  We realize that jury/bench trial is not always the route a client wants to go to resolve their criminal matters for a number of reasons.  There are other ways to resolve your DUI matter such as motion hearings, deferred or suspended sentences, deferment programs, and blind plea

Motion Hearings

An alternative to trial would be to try to resolve a criminal matter through the filing of motions.  Motions are filed for a number reasons, but often to deal with issues that go to the merits of the case.  For example, a Motion to Dismiss for No Probable Cause to Arrest, or a Motion to Suppress and Dismiss for an Unlawful Traffic Stop.  Often a win on either one of these motions would lead the judge to dismiss the case. 

Preliminary Hearing

For felony DUIs, a defendant is provided with the option of a preliminary hearing, which is used to determine whether the State can show that there was probable cause to arrest you in the first place.  More often than not, the District Attorney will withdraw whatever plea bargain has been negotiated should you decide to exercise right to preliminary hearing in your case

Plea Bargaining

Another alternative to trial to resolve a DUI is through plea bargaining.  The most common plea bargains are a deferred sentence or a suspended sentence, both of which require probation. 

A deferred sentence means that the judge will defer sentencing in your criminal matter for a certain period of time to allow you to go on probation and complete the negotiated requirements of your term.  If you are successful, the judge will change your plea to not guilty and dismiss the DUI charge on the day of sentencing.  This will not cause a license revocation from the criminal side of your case. It is important to note that deferred sentences accepted on November 1, 2011 to the present can be used to enhance a subsequent DUI to a felony.

A suspended sentence is a conviction in which jail time is suspended, either in part or in whole. You will still be required to go on probation and be successful.  This type of sentence will revoke your driving privileges, leaving your DPS case moot if it has not yet occurred.

Deferment Programs

In certain instances, deferment programs are available for individuals who qualify.  These programs are intense and treatment based.  If a deferred sentence is unavailable and you are still looking to get a dismissal or avoid jail/prison time then a deferment program may be an alternative to trial to consider.  The most common deferment program for DUIs is DUI/Drug Court.

Blind Plea

Another alternative to trial would be a blind plea, which occurs when a defendant does not accept the State's plea bargain, and instead leaves it up to the judge to sentence him/her. This is where it is important for your attorney to know the judge in your case, as the judge has full discretion on sentencing.  The judge could go with a deferred sentence, a suspended sentence, or with county jail or prison time.

If you have been charged with DUI in Oklahoma, call the Hunsucker Legal Group at (405) 544-2992 to schedule a free, no-obligation consultation.

  • INTERNATIONALLY RECOGNIZED AS A LEADER IN THE FIELD OF DUI DEFENSE John Hunsucker, The Only Board Certified DUI Defense Attorney in Oklahoma City By The National College Of DUI Defense
    As a leading authority in Oklahoma DUI defense, John and the Hunsucker Legal Group have argued successfully to the Oklahoma Appellate Courts several issues relating to drivers license issues that resulted in thousands of clients having their license returned without any license revocation.
  • FIGHT FOR YOUR LICENSE Brian Morton, Former Assistant General Counsel for the Oklahoma Department of Public Safety
    Focused solely on Driver’s License Defense, he fights tirelessly for the rights of our clients, using his unique perspective and expertise to secure the best possible outcomes. His in-depth knowledge of DUI law, including implied consent and prosecutorial tactics, makes him an invaluable asset to your case.
    "After my first meeting with John, I felt very relieved."
    Before I met the team at Hunsucker Legal Group, I was panicking. I thought my life was over. I knew my future was in good hands. They treated me very respectfully and courteously. They explained everything I should expect and instructed me on the next steps. I followed all of their advice exactly and got the best outcome I could have wanted. They always responded quickly to my questions when I emailed them. If you have a DUI, I would highly recommend the Hunsucker Legal Group.
    - Former Client
    "David Hammel and the entire time made a very difficult situation infinitely easier."

    Everything turned out better than I had hoped and they took away a lot of stress and anxiety. Cannot recommend them enough.

    - Andy L.
    "I've had the privilege of having 2 of the best attorneys, I believe, in the world that know what they are doing."

    I would highly recommend Hunsucker Legal Group to anyone that has gotten a DUI. The staff as well are fantastically wonderful and we're able to tell me exactly what I needed to know if my attorneys were not in the office. Thank you Doug and Brian for everything that you have done for me.

    - Justin R.
    "Top of the line service and people. Walked me through every step."

    Leveled with me on details about what I might be looking at and how I should handle it. Very good at explaining each step. I was never confused. Thank you all a ton.

    - Gage S.
    "They right away calmed my nervous with their expert advice and approachable attitude."

    Brian Morton was my attorney for my civil case and we won. When I arrived at Hunsucker law group I was nervous and had no idea what to expect. They are definitely the law firm you want on your side.

    - Tiffany W.
    "Never lost my drivers license so I could keep working,"

    Highly recommend! Doug Baxter did a great job informing us with all the steps to take before court, the terms & as even set up our payment accounts after court. Felt well represented by a professional firm.

    - Bryan S.
    "Brian is very knowledgeable in his profession!"

    Brian Morton with Hunsucker Legal Group did an outstanding job representing me on my case with the DPS. I was 100% satisfied! I would highly recommend the entire staff! Respectfully!

    - Dahl W.
    "Brian Morton took on my drivers license case and did an excellent job & won."

    We went to court prepared and ready to argue the criminal case when The DA instead conceded the motion and dismissed my case. The office kept the line of communication open & answered all my questions in a timely manner. Would definitely recommend to anyone needing legal assistance.

    - Anthony R.

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