DUI Suspended Sentence in Oklahoma

When facing any type of impaired driving charge (DUI, Actual Physical Control, or DWI) charge, most people are seeking to obtain the absolute best possible outcome.

One type of alternative probation that may be available to those charged with DUI in Oklahoma is a suspended sentence.

What is a Suspended Sentence?

A suspended sentence serves as an alternative to serving jail time, but you still get a DUI on your permanent record.

This is where a judge can potentially decide to suspend a citizen’s jail or prison sentence partially or entirely as long as they fulfill certain conditions. For example, staying away from alcohol and drugs, attending specific classes, and staying out of trouble.

Typically, as part of a plea deal of guilty, a suspended sentence means that you have been convicted of an impaired driving crime (DUI, APC, DWI), but you do not have to go directly to jail to serve your time. Instead, you must satisfy a certain set of requirements to serve out your suspended sentence, allowing you to go about your daily life. You may be required to satisfy other requirements set by the court, such as having an ignition interlock device installed on your car and not going into bars. Each case has specific requirements.

There are two types of suspended sentences. Under supervised probation, you will report regularly to a probation officer and adhere to their specific rules. Unsupervised means that you must obey the rules of your probation as determined by the court and not violate any other laws during the duration of your sentence. A suspended sentence is stringent. Failure to adhere to the rules violates the terms of your probation and can potentially lead to very harsh sanctions like spending the rest of your sentence in jail or fulfilling all of the jail sentences for not complying with the rules.

There is little to no leniency for a suspended sentence. You could serve the entire length of your probation, have one minor violation at the very end, and wind up sentenced to prison. The specific violations vary, but they can take the form of a positive test for drugs or alcohol, failure to attend mandatory classes, failure to serve adequate community service hours, and others.

A suspended sentence will show up on your criminal history and show up on background checks for employment. Whether it is a misdemeanor or felony, a suspended sentence charge will show up on your record.

Suspended Sentence Expungement

A sealed record in Oklahoma is referred to as “expungement.” A suspended sentence is not automatically eligible for expungement, which means this could show up on your record for some time.

For example, most misdemeanor charges require at least 5 years before they are eligible for expungement. Your suspended sentence case can potentially be expunged under the following conditions:

Misdemeanor Expungement for Prior Suspended Sentences

• At least 5 years have passed since your probation and suspended sentence.
• You have no pending convictions on your record.
• You have fulfilled all of your liabilities to the state.

Felony Expungement for Prior Suspended Sentences

• You have no prior history of felonies.
• At least 5 years have passed since your probation and suspended sentence.
• You have no pending convictions.
• 7 years have passed since any misdemeanor charges.
• You are not a registered sex offender.
• You have fulfilled all of your liabilities to the state.

Fighting Your DUI Charge

Not all people are eligible for a suspended sentence. It depends on the circumstances of the case, your history, and other variables like whether it was a misdemeanor or felony. When considering your options, it is important to weigh the pros and cons.

You may be better off fighting the DUI charge altogether in court to obtain a full dismissal or reduction of the DUI instead of agreeing to this guilty plea. Thoroughly investigating your case with an attorney will help you obtain a better grasp of what the police have against you and the best strategy to take to obtain the absolute best outcome.

At the Hunsucker Legal Group, we come better prepared to court than the prosecution trying to punish you and the police officer that arrested you. There are infinite ways to have DUI charges reduced or dismissed without going the suspended sentence route.

Please read through our case wins and submit your contact information below or call (405) 231-5600 to schedule a free, no-obligation case evaluation to explore your options and sleep better tonight.