DUI Charges in Wagoner County can be an overwhelming experience. From the moment you’re arrested, the legal process can feel confusing and intimidating. However, understanding the basics of DUI or DWI laws, potential penalties, and your options for defense can help you take control of your situation. Although you may be consumed with fear and apprehension you are not alone in the process. In Oklahoma DUI charges and those charged with it are common. By itself this doesn’t make the process easier. Its knowing that many people before you have faced DUI Charges in Wagoner County and with legal help they have gotten passed it.
What Happens After a DUI Arrest?
When you’re arrested for a DUI in Oklahoma, the process typically unfolds as follows:
- Arrest and Booking: After the arrest, you’ll be taken to jail in Wagoner for booking. You may be required to take a breath, blood, or urine test to measure your blood alcohol concentration (BAC). If you decline the breath test you face immediate driver license suspension
- Administrative License Suspension: If you fail or refuse the BAC test, your license may be suspended. You have only 15 days from the date of your arrest to request a hearing with the Oklahoma Department of Public Safety (DPS) to contest the suspension. This is referred the IDAP program which if utilized correctly avoids the suspension of your driver license.
- Criminal Charges: You’ll face criminal charges in court, which could result in fines, jail time, and other penalties. The charge and the potential punishment depends on factors specific to your case.
Potential Penalties for a DUI in Wagoner County
The penalties for DUI Charges in Wagoner County vary based on factors such as your BAC level, prior offenses, and whether any aggravating circumstances (e.g., causing an accident) were involved. Here’s a breakdown:
| Offense | Penalties |
|---|---|
| First DUI | Up to 1 year in jail, fines up to $1,000, and a license suspension of 6 months. First time DUIs are charged as misdemeanor’s. Depending on your case you can expect a deferred or a suspended sentence. |
| Second DUI | Up to 5 years in jail, fines up to $2,500, and a license suspension of 1 year. Second and subsequent DUI charges are felony crimes. The second DUI must be within ten years of the prior DUI for it to be charged as a felony. |
| Third DUI | Up to 10 years in prison, fines up to $5,000, and a license suspension of 3 years. After three DUI within a ten year period you can expect the DA to be much tougher on you. |
| Additional Penalties | Mandatory alcohol education or treatment programs, ignition interlock device installation, and community service may be required. This is common throughout the state including all counties beside Wagoner. |
For drivers under 21, Oklahoma has a zero-tolerance policy, meaning any detectable amount of alcohol in your system can result in a DUI charge.
Defenses Against DUI Charges
Being charged with a DUI doesn’t automatically mean you’ll be convicted. There are several potential defenses your attorney may use to fight the charges:
- Challenging the Traffic Stop: If the officer lacked probable cause to pull you over, any evidence collected during the stop may be inadmissible. This is one of the most important defenses you have. This is because the challenge is based on your forth amendment right against illegal searches.
- Questioning the Accuracy of BAC Tests: Breathalyzer devices and blood tests can produce inaccurate results due to improper calibration, medical conditions, or procedural errors. This challenge is reserved for District Court arraignment and involves filing motions to dismiss.
- Proving Lack of Impairment: Just because your BAC was over the legal limit doesn’t necessarily mean you were impaired. Your attorney can argue that you were able to safely operate the vehicle. This is usually reserved for the jury or in a bench trial for the jury or the judge.
- Raising Procedural Issues: If the arresting officer failed to follow proper procedures, such as reading your Miranda rights, this could weaken the prosecution’s case.
Steps to Take After a DUI Arrest
If you’re facing DUI Charges in Wagoner County, here are some steps to protect yourself and build a strong defense:
- Hire an Experienced Attorney: DUI cases are complex, and having a skilled attorney on your side can make all the difference. In Wagoner there are many choices to make with many of the criminal defense lawyers having different levels of experience.
- Request a DPS Hearing: Don’t miss the 15-day deadline to contest your license suspension.
- Document Everything: Write down details about your arrest, including where you were, what the officer said, and any tests you took. This information could be critical to your defense.
- Follow Court Orders: Attend all court dates, comply with any pretrial requirements, and avoid any actions that could worsen your legal situation. If you fail to appear at a court appearance you could face a bench warrant and enhances pressure from the District Attorneys office.
Create a Strategy With A Wagoner DUI Defense Attorney
If you’re DUI Charges in Wagoner County, don’t face the legal system alone. Contact our criminal defense attorneys today for a free consultation. We’ll walk you through your options, help you understand your rights, and fight to achieve the best possible outcome for your case. Call The Kania Law – Wagoner attorneys at 918.283.7394 or click this link for an online consultation.
