Being arrested for driving under the influence (DUI) in Wagoner County is a serious matter with potentially severe consequences. Understanding the legal process, your rights, and the potential outcomes can help you navigate this challenging situation.
The DUI Arrest Process
A DUI arrest typically begins with a traffic stop. Law enforcement may pull you over if they observe signs of impaired driving, such as:
- Swerving or weaving between lanes
- Speeding or driving too slowly
- Running a red light or stop sign
If the officer suspects you are under the influence, they may ask you to perform field sobriety tests to assess your coordination and ability to follow instructions. The officer may administer a breathalyzer test to measure your blood alcohol concentration (BAC). In Oklahoma, the legal limit is .08% for those 21 and older, .04% for CDL holders, and .00% for anyone under 21, as Oklahoma has a zero-tolerance policy.
Refusing to take a breath or blood test can result in immediate consequences under Oklahoma’s implied consent law, including the suspension of your driver’s license. If the officer determines there is probable cause, they will arrest and transport you to the Wagoner County jail for booking. During booking, officers will record your personal information, take fingerprints, and photograph you.
Immediate Consequences of a DUI Arrest
An arrest for DUI triggers an administrative license suspension through the Oklahoma Department of Public Safety (DPS). You have 30 days from the date of arrest to request a hearing to contest the suspension. After booking, you may be released on bond, or you may need to wait for a judge to set bail. However, conditions of release may include avoiding alcohol or undergoing alcohol monitoring.
The Legal Process Following a DUI Arrest
Your first court appearance, known as the arraignment, will take place in Wagoner County District Court. During this hearing, the charges against you will be read and you will enter a plea of guilty, not guilty, or no contest.
If you plead not guilty, your case will proceed to pre-trial proceedings, which may include:
- Discovery: Both sides exchange evidence and witness lists.
- Motions: Your attorney may file motions to suppress evidence or dismiss charges.
In many DUI cases, the prosecution and defense may negotiate a plea agreement to resolve the case without going to trial, which may involve reduced charges or penalties. If the parties can’t reach an agreement, your case may go to trial, where a judge or jury will determine your guilt based on the evidence presented.
Potential Penalties for DUI in Wagoner County
The penalties for a DUI conviction in Oklahoma depend on factors such as your BAC level, prior convictions, and whether there were any aggravating circumstances (e.g., an accident or minor passenger).
First Offense
- Up to 1 year in jail
- Fines up to $1,000
- Driver’s license suspension for 6 months
- Mandatory participation in a drug and alcohol assessment and completion of recommended treatment
Second Offense
- Up to 5 years in jail
- Fines up to $2,500
- Driver’s license suspension for 1 year
- Installation of an ignition interlock device (IID)
Third Offense (Felony DUI)
- 1-10 years in prison
- Fines up to $5,000
- Driver’s license suspension for 3 years
- Long-term IID requirement
Check Out Our Wagoner County DUI Blog For Helpful Information
Wagoner DUI Attorneys
Being arrested for a DUI in Wagoner County is a serious matter, but understanding the process and taking appropriate steps can help you navigate your case effectively. Seeking legal representation, protecting your rights, and addressing both administrative and criminal aspects of your case are crucial to achieving the best possible outcome. If you are facing DUI charges, contact Kania Law Office – Wagoner Criminal Defense Attorneys at (918) 283-7394 or online for guidance tailored to your situation.
