One of the first questions most people ask after they have been charged with DUI is, “Am I going to go to jail?” The answer is: it all depends on the type of charge, the facts of the case, and your attorney’s ability.
Even a first-offense misdemeanor DUI with no aggravating factors can render a jail sentence of anywhere from 10 days to one year. The minimum jail sentence increases upon a second and third DUI conviction. However, the Hunsucker Legal Group has a very successful rate of avoiding jail for our clients. Even if your case is not strong, there are usually other programs that can be explored to avoid incarceration.
Case Factors That Can Determine Jail Time
If you are charged with a second DUI within 10 years of the end of your sentence on a prior DUI or APC sentence, your charge could be automatically elevated to felony DUI, which carries a longer jail sentence than a misdemeanor. If you were involved in an accident in which another individual sustained injuries, you could be charged with a felony DUI with great bodily injury even if it is your first DUI offense. Felony DUI conviction carries potential jail time between one and 20 years, depending on the number of priors. If you were involved in an accident in which loss of life occurred, you could face a charge of manslaughter, which carries a sentence of up to life in prison.
If your blood alcohol content was .15% or higher at the time of arrest, you could be charged with aggravated DUI. If convicted, this charge carries a mandatory 28-day inpatient alcohol program at a treatment facility. The fact that your DUI charge is aggravated does not change it to a felony. The distinguishing factor for felony DUI is a valid predicate offense, a child in the car, or an accident with great bodily injury to another.
Other DUI penalties
In addition to jail time, a DUI conviction can have a host of other penalties, including fines and court fees, community service, probation, mandatory completion of DUI School, and potential revocation of your driver’s license. Many people do not realize that the state affords you just 30 days after being arrested for DUI to contact the Oklahoma Department of Public Safety (DPS) to request an administrative license hearing. If you fail to request this hearing within the allotted 30 days, you will forfeit your chance to have a hearing and your license will be automatically revoked 30 days after your arrest.
Having legal counsel on your side at the DPS hearing will greatly increase your odds of retaining your driving privileges. At the Hunsucker Legal Group, our DUI attorneys are well versed in these proceedings. However, it is CRITICAL that the DPS hearing is requested within 30 days of your arrest; otherwise, we will be unable to fight for your driver’s license. If you contact our firm within the 30-day window, we can contact the DPS on your behalf to arrange the administrative hearing. However, if you miss your 30 day window, we can assist in obtaining modified driving privileges. If you took a blood test for the state’s test, the 30 days does not start running until the blood has been tested and you have been notified that you were over the legal limit.
If you are facing Oklahoma DUI charges, call the Hunsucker Legal Group at 405-231-5600 to see how we can help obtain the best possible outcome in your case.
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