DUI Frequently Asked Questions (FAQ) - Tulsa Trial Attorneys

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First and foremost, call us right away at 918-884-7791.   Depending on your circumstance and your charges, you may have a specific time to respond.  Whenever there is an arrest, time is of the essence.  Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member.  With a DUI there are four key issues that are effected by waiting;

  1. IF YOU HAVE BEEN FALSELY ACCUSED OF DRINKING WE NEED TO HAVE YOU TAKE AN ETG TEST AS SOON AS POSSIBLE,

  2. YOU ONLY HAVE 15 DAYS TO CHALLENGE THE SUSPENSION OF YOUR LICENSE,

  3. EARLY SUBPOENAING OF DASH CAM VIDEO AND CHEMICAL BREATH TESTING SERVICE LOGS MAKES FOR A QUICKER RESOLUTION,

  4. DEPENDING ON YOUR IMMIGRATION STATUS RECEIVING A REASONABLE BOND FROM THE STATE MAY MAKE ALL THE DIFFERENCE BETWEEN SITTING IN JAIL OR AT HOME AWAITING RESOLUTION OF YOUR CASE.

DUI Frequently Asked Questions (FAQ)

What is Driving under the Influence?

It is a crime to drive, operate, or to be in actual physical control of a motor vehicle within Oklahoma under any of the following circumstances:

  • With a BAC (blood alcohol concentration) of 0.08% or more within two hours of being arrested

  • While under the influence of alcohol

  • With any amount of a Schedule 1 controlled substance in the driver's blood, saliva, urine, or any other bodily fluid within two house of being arrested

  • While under the influence of any intoxicating substance, other than alcohol, that may render a person incapable of driving safely, or

  • While under the combined influence of alcohol and any other intoxicating substance that may render a person incapable of driving safely

What if you Get Arrested for DUI or DWI?

  • You may be embarrassed and worried about how the drunk driving arrest will affect your life. You should be concerned about a your drivers license being suspended and about the criminal consequences, like probation, jail or fines.

No one ever intends to be arrested for drunk driving or driving under the influence of drugs. You are out for a night of fun and relaxation, and the next thing you know you are pulled over. How you handle the next minutes, hours and days can impact your freedom, your job, and your license. Get experienced representation immediately!

I’ve Just Been Arrested for DUI? What Happens Now?

  • If you are arrested for driving under the influence of alcohol or other intoxicating substance, you will be asked to submit to either a breath test or a blood test.  After you take a breath or blood test, or if the officer determines that you refused to take the test, the officer will fill out a document titled “Officer’s Affidavit and Notice of Revocation/Disqualification.” 

This affidavit contains the information relating to the arrest and serves as notice that your driving privileges will be revoked by Department of Public Safety (DPS) thirty (30) days from the date you are served with the Affidavit.  You will also likely have criminal charges filed against you.
47 O.S. Section 754

Why Do I Need an Experienced DUI Attorney?

  • If you have been arrested for driving under the influence for the first time, you may not fully understand the need for experienced legal advice and representation of a Tulsa DUI Lawyer. Time is limited. It is vital that you take action against a conviction - even you first conviction is subject to harsh penalties. Additionally, court process is filled with legal technicalities. You need a highly trained and experienced attorney who has handled hundreds, if not thousands of DUI cases to insure that all stones are turned over .

  • After the arrest, you have only 15 days days to request a DPS Hearing (Department of Public Safety). Otherwise, you will automatically have a suspended license in addition to a conviction on your criminal record. Your best hope for avoiding these painful consequences is to hire an attorney with the experience to fight skillfully and aggressively in your defense. An experienced attorney can guide you through how to challenge and fight your case, but time is of the essence.

What is the Punishment for Drinking and Driving?

First Offense

  • Jail time between 10 days and 1 year

  • Fine of up to $1,000

  • Driver’s license revocation for 6 months (180 days)

Second Offense (Within 10 Years of First Offense)

  • Jail time between 1 year and 5 years

  • Fine of up to $2,500

  • Driver’s license revocation for 1 year (if there was a previous revocation for DUI within the past 5 years)

  • Ignition interlock device required for 6 months to 3 years after license revocation period

Third or More Offenses

  • Jail time between 1 year and 10 years

  • Fine of up to $5,000

  • Driver’s license revocation for 3 years (if there were 2 or more previous revocations for DUI within the past 5 years)

  • Ignition Interlock Device required for up to 3 years after license revocation period

What is the Difference Between a Breath Test and a Blood Test?

  • After you are arrested, the officer will ask you to submit to a breath test or a blood test.  Both tests are used to determine blood alcohol content (BAC).  If you take a breath test, the officer will send the affidavit and test results to DPS for review to determine if there is a basis to revoke your driving privileges.   If the review determines that your driving privileges should be revoked, the revocation will become effective thirty (30) days from the date you were served with a copy of the officer’s Affidavit.  If the review shows there is no basis for the revocation, the action will be set aside.

  • If you submit to a blood test, the officer will give you a copy of the Affidavit and the blood specimen will be sent to a laboratory for testing.  The laboratory will notify DPS of the test results and if DPS determines that your driving privileges should be revoked, DPS will send you an “Order of Revocation” in the mail.  This Order will specify the date the revocation will begin and the deadline to request an Administrative Hearing.  

  • The Order of Revocation will be mailed to you at the mailing address on file with DPS.  If you have moved and did not update your address, you may not receive this Order and not realize your driving privileges are revoked. 

If you need to update your address, please click here.

How Long Will my Driving Privileges be Revoked if I Refuse to Take a Breath or Blood Test, or if I Test Over the Limit?

  • If you are 21 years of age or older, and you refused to take a breath or blood test, or if you took a breath or blood test and the results showed 0.08% BAC or more, your driving privileges will be revoked.

  • If you are under 21 years of age and you refused to take a breath or blood test, or if you took a breath or blood test and the results indicate any measurable quantity of alcohol, your driving privileges will be revoked.

  • The periods of revocation are:

    • A first offense will result in a 6 month revocation

    • A second offense within 10 years will result in a 1 year revocation.

    • A third or subsequent offense within 10 years will result in a 3 year revocation. 47 O.S. Section 6-205.1

  • If you do not want an Administrative Hearing to contest the revocation of your driving privileges and simply want to be able to drive during the revocation period, you may request a modified driver license, click here.

What is a Plea Bargain?

An arrangement between prosecutor and defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or an agreement to drop other charges. Plea bargains are based upon facts. This mean if there are better facts for the defendant, the plea bargain will be better.

Will I have a Plea Bargain or a Trial?

The defendant shall make the decision of whether to accept a plea offer from the prosecution. The decision shall be made after hearing all of the facts of the case. Our job as the lawyers is to understand all of the facts, apply the facts, and help you as much as possible. Sometimes the plea bargain offer is so bad, that the only decision is to take the case to trial and let a jury decide guilt or innocence. We will give the defendant all of their options, advise to the best of our ability, but allow you to be the ultimate decision maker in whether to accept a plea or go to trial.

Should I submit to Field Tests?

It is this author’s opinion that the Standardized Field Sobriety Test (SFST) is only reasonably accurate when all 3 tests are administered correctly by one officer.  Because there is so much room for error, it just does not make sense to agree to take these tests.  Just say No! You are not required by law to take these tests, and there is no upside for you. You will only be providing government with information to prove you’re guilty.

What are the Implied Consent Warnings?

In Oklahoma, the officer is required to read you a document designated as the AImplied Consent Test Request which has been created by the Oklahoma Board of Tests for Alcohol and Drug Influence. The request reads as follows:

  1. You have been arrested, and the arresting officer has reasonable grounds to believe that you were driving or in actual physical control of a motor vehicle while under the influence of intoxicants.

  2. You are requested to submit to a test or tests for the purpose of determining the presence and concentration of intoxicants in your body.

  3. The test will be a (Breath) (Blood) test and will be administered at no cost to you.

  4. In addition to this test, you may at your own expense have an additional test of your choice, provided that a sufficient quantity of any specimen obtained shall be available to the state for testing.

  5. You are not entitled to consult with an attorney prior to making your decision on whether or not to submit to the state's test.

  6. You may refuse the state's test, but as a consequence your driver's license will be revoked or denied by the Department of Public Safety. 

  7. If you consent to testing, are 21 years of age or older and the test result is 0.08 or more alcohol concentration, your driver's license will be revoked or denied by the Department of Public Safety. If you are under the age of 21 and consent to testing and the test result is 0.02 or more alcohol concentration, your driver's license will be revoked or denied by the by the Department of Public Safety.

  8. Will you take the state's test?

Can I Dispute the Revocation?

  • Yes. You have the right to request an Administrative Hearing within fifteen (15) days of your receipt of the officer’s affidavit, or if you took a blood test, by the date specified on the Order of Revocation mailed to you by DPS.  Requesting an Administrative Hearing within this time will prevent your driving privileges from being revoked until you have had a hearing with a DPS hearing officer.

  • IF YOU FAIL to request an Administrative Hearing WITHIN FIFTEEN (15) DAYS of your receipt of the officer's affidavit, or if you took a blood test, within the time specified on the notice, your driving privileges will be automatically revoked.

  • AS OF SEPTEMBER 11, 2018, DPS WILL NO LONGER ACCEPT REQUESTS FOR HEARINGS OTHER THAN ON THE FORM PROVIDED ON OUR WEBSITE OR BY CLICKING ON THE LINK BELOW. ALL OTHER REQUESTS WILL BE RETURNED TO SENDER AS NONCOMPLIANT AND MAY RUN THE RISK OF MISSING THE STRICT FIFTEEN (15) DAY DEADLINE TO REQUEST A HEARING.

You may request an administrative hearing, click here.

At the Time of my Arrest, the Officer Seized my Driver License. Can I Continue to Drive?

    • Maybe.  If your driver license is seized by the officer, they are required to send the license to DPS.  If the officer fails to send your license to DPS, you must contact the law enforcement agency for whom the officer works and ask them to send it to DPS.

    • your driver license was seized and it was valid and unexpired at the time, the officer will indicate on your copy of the affidavit that the affidavit will serve as a temporary driver license for a period of thirty (30) days. 

    • This temporary license authorizes you to drive for thirty (30) calendar days from the date the officer serves you with the affidavit, provided you are not suspended or revoked for some other reason.  After thirty days, you may no longer drive unless you have received your driver license from DPS or you have been issued a modified driver license.

    • To request a modified driver license, click here

    • If your driver license was not valid or was expired at the time it was seized, you will not receive a temporary driver license and will not be permitted to operate a vehicle until you obtain a valid driver license.

    • To view how to reinstate your license, click here

      47 O.S. Section 754

Can I get Another Drivers License?

  • No.  You must wait until DPS returns your seized driver license or until you advised by DPS that you are authorized to obtain a replacement driver license.

If your driver license is seized by the officer, you may not apply for a renewal or a replacement license while the seized license is in the custody of a law enforcement officer or DPS.  If you do, it is a misdemeanor crime punishable by imprisonment for a minimum of seven (7) days and a maximum of six (6) months, or by a fine of not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment. 47 O.S. Section 6-303(G)

But now I have no ID. Can I get an Identification Card?

  • Yes.  If your driver license was seized and it was not valid or was expired at the time, it will not be returned to you.  If you need photo identification before you are you are authorized by DPS to obtain a replacement driver license, you may obtain an Oklahoma Identification card from DPS or from a tag agent at any time. 

To obtain an Identification Card, click here.

How do I get my Drivers License Back?

  • If your driver license was seized by the officer and sent to DPS, and if you request an Administrative Hearing within fifteen (15) days of your receipt of the officer’s affidavit, your original, valid and unexpired driver license will be returned to you at the mailing address on file with the Department.  If you have moved and did not update your address, you may not receive your license. 

  • If you need to update your address, please click here.

*If your driver license was not valid or was expired at the time it was seized, it will not be returned to you.

What is an Administrative Hearing?

  • An Administrative Hearing is your opportunity to present testimony and evidence to a DPS Hearing Officer about why your driving privileges should not be revoked.  These Administrative Hearings are conducted by telephone.

  • The Administrative Hearing only relates to whether or not your driving privileges will be revoked by DPS; it has nothing to do with your criminal case or whether you are innocent or guilty of the criminal act of Driving Under the Influence. 47 O.S. Section 754

What Happens after the Administrative Hearing?

  • After the Administrative Hearing, you or your attorney will be mailed an order either sustaining or setting aside the revocation of your driving privileges.  If the revocation is set aside, your driving privileges will not be revoked and there is no further action required.   If the revocation is sustained, your driving privileges will be revoked.  If the revocation is sustained, you may appeal this decision to the district court in the county where you were arrested.

What If I just Want to be Able to Drive to Work, School, etc.?

  • If you do not want to participate in an Administrative Hearing to contest the revocation of your driving privileges and simply want to be able to drive during your revocation period, you may request a modified driver license instead of an Administrative Hearing. 

  • A modified driver license replaces your original Class D license and allows you to operate a noncommercial motor vehicle as long as the vehicle is equipped with an ignition interlock device. There is a $175.00 fee that must be paid to DPS to obtain a modified driver license, in addition to the costs paid to the interlock provider for installing and maintaining the interlock device.

  • If you have already requested an Administrative Hearing, but change your mind and want a modified driver license, you may request a modified license at any time before the Administrative Hearing.

  • Once you have participated in an Administrative Hearing, DPS CANNOT ISSUE YOU A MODIFIED DRIVER LICENSE. 47 O.S. Section 754.1

  • To request a modified driver license, click here.

Do I Need to Request an Administrative Hearing to get a Modified Drivers License?

  • No.  You may request a modified driver license at any time during the revocation period. 

  • To request a modified driver license, click here.

  • Once you have participated in an Administrative Hearing, DPS CANNOT ISSUE YOU A MODIFIED DRIVER LICENSE.

I have Been Charged with the Crime of DUI and I am Scheduled to Appear in Court. Is this Similar to the DPS Administrative Hearing?

  • No.  The DPS hearing is a civil administrative proceeding regarding the revocation of your driving privileges only.  The DPS action is completely separate from your criminal case.

What Does it Mean if my Driving Privileges are Revoked as a Result of a DUI?

  • If your driving privileges are revoked as a result of driving under the influence of alcohol or any other intoxicating substance, you are not permitted to operate a motor vehicle until your driving privileges are reinstated and you have a valid driver license.

  • The only way to be able to drive while your driving privileges are revoked as a result of driving under the influence of alcohol or any other intoxicating substance is to obtain a modified driver license.  A modified driver license allows you to operate a vehicle that has an interlock installed. 

  • To request a modified driver license, click here.

What Happens After the Revocation Period? Am I Free to Drive Again?

  • Your driving privileges ARE NOT automatically restored at the end of your revocation period.

  • You are not permitted to operate a motor vehicle until

    1. the revocation period is over

    2. you complete all steps necessary to reinstate your driving privileges

    3. you obtain a valid driver license.

  • To obtain information on how to reinstate your driving privileges for the following:

    • Aggravated DUI

    • Driving Under the Influence

What if I have a Commercial Driver License (Class A,B, or C)?

  • There are different consequences for holders of a commercial driver license (Class A, B or C) who are arrested for Driving Under the Influence of alcohol or other intoxicating substances. 47 O.S. Section 6-205.2

**Source: Oklahoma Department of Public Safety**

CALL OUR EXPERIENCE DUI ATTORNEYS AT 918-884-7791

What are the Issues you and Your Attorney Should be Discussing?

The first focus should be on whether you need to get a making sure you have requested a DPS hearing within. Next you need to discuss an EtG test if the stop was for alcohol or a blood test if the stop was for drugs. These need to be done as soon as possible. An experienced attorney will discuss with you whether the police officer had probable cause to stop your vehicle and then whether you gave them any indication of intoxication or impairment. Finally, you should discuss the request and results of a field sobriety test, breath tests, and blood tests.How Can Your Attorney Fight for You?

  • Was it a legal constitutional stop?

  • Did the officer follow procedure in testing you?

  • Was the SFST done properly?

  • Was the breath test done properly?

  • Was the blood test done properly?

More Issues and Things to Know

DUI Frequently Asked Questions (FAQ) Expertise

These arguments are about statistics, chemistry, and biology.  You need an attorney who not only knows the law, but also knows the science.  Let Boeheim Freeman Law’s expertise and training in science go to work for you challenging the officer's use of an SFTS, DRE, or Breath and Blood Testing.

Call Us Today - 918-884-7791