There’s a common misconception among some motorists that, despite the known dangers of drunk driving, a driving under the influence (DUI) charge is no more serious than any other traffic offense. But if you are ever actually arrested for DUI, you will quickly learn otherwise.
Under Oklahoma state law, driving under the influence is not just negligent—it is a criminal act. As such, the penalties that go along with a DUI conviction are far more severe than your average traffic charge.
Step 1: Appealing Your Suspension
If you were recently charged with drunk driving, you must act quickly to avoid the first consequence of your arrest—an automatic license suspension. Although your driving privileges will be temporarily revoked as a result of your arrest, you may be able to avoid this penalty if you have a valid reason to challenge your arrest.
Before you can present your case to the court, however, you must request an administrative hearing within 30 days after your arrest. If you miss this deadline or if you are unable to give the court a valid reason for requesting the hearing, your license will remain suspended.
The length of your suspension will vary based on the charges against you and your prior criminal record. If you are convicted of DUI, it could be two years or longer before your driving privileges are restored—even if it is your first offense.
Step 2: Challenging Your Arrest
While many drivers believe that being arrested for DUI is a sure sign of guilt, it will take much more than that to convict you of the charges in court. First and foremost, the state must prove that the officer who arrested you met his or her probable cause requirements. In simple terms, this means the officer must present evidence to show first, that he or she had a valid reason for stopping you, and second, that after pulling you over, he or she then had reason to suspect that you were under the influence.
Along with establishing probable cause, the state must also prove that any field sobriety and/or chemical tests you were given were properly administered.
A Simple Process to Getting Started
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