What to Do After a DUI Arrest in Oklahoma

Seasoned Defense Attorneys Who Can Help You After an Oklahoma DUI Arrest

Being arrested is scary, especially if it’s for a DUI-related offense. You may be worried about losing your license, your job, or even your future if you have to go to jail. These are all legitimate concerns, and it can be easy to become depressed, upset, or even angry at the circumstances. However, you need to be able to move past these emotions, assess your situation with a clear head, and take proactive steps to get your life back on track.

Our team at Hunsucker Legal Group can help. We recognize that many people arrested for DUI or for a similar offense have never been in trouble with the law and have no prior criminal record. If you’ve never been the subject of a police investigation or arrested and charged with a crime before, you may not be sure what to do first.

Our DUI defense attorneys, which include a board-certified criminal law specialist, can provide personalized, solutions-oriented guidance and advocacy. If you choose us to represent you in your DUI case, we are prepared to fight for the best possible outcome and can provide clear communication as your case progresses. 

We are ready to walk you through what to do after a DUI arrest in Oklahoma. The sooner you seek legal advice, the better, so don’t wait to schedule a free consultation by calling (405) 544-2992 or contacting us online. We are available 24/7!

Dealing with Law Enforcement Officers During a DUI Arrest

Many people make their situations infinitely worse by getting angry with police officers at the scene of their arrests. This is a huge mistake. 

Most people understandably become anxious at the sight of red and blue lights in their rearview mirror. Your nervousness could affect your ability to speak clearly and intelligently, even if you have not consumed any drugs or alcohol. Do your best to communicate normally, even if you are nervous. Remember, being arrested for DUI or being in “actual physical control” (APC) of your vehicle while intoxicated does not necessarily mean that you are guilty of either offense.

When pulled over, greet the officer politely and keep your hands visible, preferably on the steering wheel, to show that you do not pose a threat. Speak clearly and respond to questions in a direct and concise manner. Avoid sudden movements or actions that may raise suspicion. 

If the law enforcement officer asks you to get out of the vehicle or accuses you of being intoxicated, you should always comply with their commands and remain polite and professional. It does not matter if you know you are sober. Aggressive or combative behavior can escalate the situation quickly and lead to additional complications, even if you are innocent. 

Remember, you do not have to answer any incriminating questions or submit to field sobriety tests. If you choose to refuse the tests, you should do so in a calm, polite manner.

Should I Agree to BAC Testing After a DUI Arrest?

If a law enforcement officer suspects you are intoxicated during a traffic stop, they may ask you to complete a field sobriety test. You are not legally required to submit to these tests. Field sobriety tests are often subjective and can be influenced by numerous factors, such as fatigue, medical conditions, or anxiety, which may lead to inaccurate results. 

When arrested for DUI, law enforcement may ask you to submit to blood alcohol concentration (BAC) testing, which could consist of a breath, blood, or urine test. Under Oklahoma's implied consent law, refusing a chemical test can result in an automatic license suspension for six months or more, along with additional penalties. This suspension can occur because drivers implicitly agree to chemical testing when operating a vehicle on Oklahoma roads.

Law enforcement officers frequently use the refusal itself as evidence of potential intoxication in court, arguing that it indicates guilt. However, agreeing to the tests could also provide evidence that harms your case if alcohol or drugs are present. 

Consulting with an attorney as soon as possible after your arrest can help clarify your options, as each case comes with unique circumstances. We strongly encourage you to reach out to our team at Hunsucker Legal Group to discuss what to do after a DUI arrest in Oklahoma. We can advise whether it is in your best interest to submit to or refuse BAC testing. 

Speak to an Attorney As Soon As Possible

The first thing you should do after being arrested for DUI or a DUI-related offense (such as DWI) is exercise your right to contact a lawyer. Do not wait to contact our firm for a free consultation. During your first meeting with our team, we can explain in detail what you are facing as well as any possible issues with your case.  

If you are not in a position to meet with us immediately after your arrest, it’s extremely important that you do so within 30 days. Failing to take any action within this timeframe will almost certainly lead to your automatically losing your driver’s license, regardless of your guilt or innocence. Our attorneys can help you take steps to request an administrative hearing (discussed more below) and work to save your license.

Obtaining legal counsel is not something you should put off until your first court date, even if you are certain the prosecution has no case. The sooner you discuss your circumstances with our lawyers, the sooner we can get to work on your defense. Police officers only look for and collect the evidence needed to convict you, not any evidence that shows you are innocent. There may be security footage or other evidence that supports your innocence that may be lost if not quickly preserved. This is part of the reason that our team includes a full-time DUI investigator to assist in these high-stakes, time-sensitive scenarios.

Getting Out of Jail and Retrieving Your Car

There are several ways to get out of jail following a DUI arrest. You can hire a bondsman, post a cash bond, or wait to get released on your own recognizance.

In many cases, the fastest and easiest way is to hire a bondsman. A bondsman will generally charge 15 to 20% of the bond amount, and they generally know the release system better than a person trying to post their own cash bond. 

Posting a cash bond involves going to the court clerk and providing the full amount of the bond in cash. The money is held and returned to you at the end of the case. Keep in mind that some courts will take out fines and court costs before returning any money. 

Being released on your own recognizance means that you are allowed to leave custody without having to pay bail, based solely on your promise to appear in court at a later date. This type of release is typically granted when the court believes you are not a flight risk and are likely to comply with court orders. Factors like the severity of the charges, your criminal history, your community ties, and your employment status can influence the court's decision. You should be aware that these types of releases are not available in every county and will generally take one to five days to process if available. 

Once you are released, it may be necessary to get your car out of an impound yard. The towing company will require you to bring the title or current registration, current proof of insurance, and a licensed driver to release the vehicle. The longer the vehicle is on their lot, the higher the impound fee will likely be, as they probably charge a daily storage fee.

You Have 30 Days to Save Your Driver’s License After a DUI Arrest

Most people don’t realize that when you are charged with DUI in Oklahoma, you are actually facing two separate legal actions. One is a criminal charge that is heard in court by either a judge or a jury. The other is a civil action against your driving privileges. This civil action is completely administrative in nature and is now carried out by Service Oklahoma.

You typically only have 30 days from the day of your DUI arrest to request an administrative license suspension hearing. If you were given a blood test, the 30-day window doesn’t start until you receive notice that you were over the legal limit. However, there is only a 60-day window for us to request an independent retesting of your blood by our lab.

If you hire Hunsucker Legal Group to represent you during the 30-day window, we can request the hearing on your behalf. Successfully navigating this hearing means you will generally get to keep your driving privileges while waiting for your trial. We do not recommend attempting to schedule this hearing yourself, but if you do, make sure you request a hearing and not a modification. A modification is, in essence, an agreement to the suspension, meaning your license will be revoked. 

Consider Showing That You Are Taking Your DUI Charges Seriously

After your release from jail, you will receive a court date for your arraignment, which is the beginning of the court process. Our team at Hunsucker Legal Group can provide comprehensive support during all stages of your case. 

Taking proactive measures to demonstrate that you are addressing your DUI charges seriously can be a strategic decision, especially if the prosecution's evidence against you appears substantial. Taking a voluntary drug and alcohol assessment, for example, can show the court you are taking responsibility for your actions and attempting to rectify any harm caused. Oklahoma law does require that anyone whose driver’s license has been suspended or revoked must undergo an alcohol and drug assessment, but pursuing such an assessment proactively can oftentimes be used to your advantage later on.

The assessment will, at a minimum, require a 10-hour Alcohol and Drug Substance Abuse Course (ADSAC) and a two-hour victim impact panel (VIP) class. Depending on your history, there could be more requirements, such as a 24-hour ADSAC course, outpatient treatment, or in-patient treatment if there is a severe problem.

You don’t have to figure out what to do after a DUI arrest in Oklahoma alone. Our experienced DUI attorneys are here to help, so don’t hesitate to call (405) 544-2992 or contact us online.