Oklahoma DUI Arrest and Court Process

Below is a brief outline of the criminal law process that applies in Oklahoma DUI cases. Each court in each county is a little different, and may handled hearings in their own way. For that reason, we highly recommend that you consult a qualified and experienced OK DUI lawyer in the county where your case is pending to learn the details of the hearings that you will face.

Oklahoma DUI / DWI Arrest Process

When a driver is stopped by a police officer for any reason, the officer will begin looking for signs that the driver is under the influence. These might include slurred speech, alcohol on the driver's breath or clothes, or the results of a portable breath test. If the officer believes that there's a good reason to think the driver is under the influence, the officer will arrest him or her. After anyone charged with a crime in Oklahoma is arrested, the police officers who arrest him or her are required to inform him or her of the charges against him or her and bring the defendant before a judge or magistrate. Typically, this must be done within 48 hours of the arrest, but there is an exception if the State can demonstrate that unusual or emergency circumstances require a longer time. In Oklahoma, the police may choose to release defendants who are charged with misdemeanor offenses with a citation. The citation will contain the charge against the defendant and a promise to appear in court when called as well as additional criminal penalties which will be imposed if the defendant does not appear.

OK Drunk Driving Pretrial Court Process

When the defendant appears in court, the judge will first tell the defendant about the charges facing him or her and the punishments that are possible for a conviction as well as the right to a public defender or court-appointed attorney for all of the proceedings starting with the initial appearance and extending through trial to an appeal. In felony DUI cases, the court will next conduct a preliminary examination to determine whether a crime has been committed and whether the defendant is probably guilty of that crime. At this proceeding, the State will present witnesses and evidence which the defendant can challenge or refute with witnesses or evidence of his or her own. If the court concludes that the defendant probably is guilty of the crime he or she is charged with, the defendant will have to plead guilty or go to trial. DUI cases are typically handled in district courts in Oklahoma. If the defendant hasn't already been released, it's usually at this point that the court will consider whether to release the defendant on bail before the trial. Bail will probably be granted in DUI cases in Oklahoma, but the court can require various things from the defendant before allowing him or her to be released on bail, ranging from a promise to appear (which is known as "release upon one's own recognizances") to restrictions on the defendant's behavior, to a bond which the defendant must forfeit to the court if he or she fails to appear when called. Usually, the next step is a formal arraignment. In this hearing, the court will read the official charges against the defendant into the record and record the defendant's plea. asking the defendant to enter a plea. If the defendant has an attorney, the attorney can appear at arraignments for misdemeanors instead of the defendant, but the defendant has to appear in person for felony charges. If the defendant pleads not guilty, the case will go to trial.

Oklahoma DUI Trial Process

Criminal matters where no greater punishment than a $500 fine is possible are tried without a jury. Misdemeanors are tried to a jury of 6 and felonies to a jury of 12. All DUI offenses are at least misdemeanors, so if an Oklahoma DUI defendant's case goes to trial, the defendant has a right to a jury verdict. Jury trials begin with the selection of the jury from a panel of potential jurors and the defendant may participate in the process of selecting them. Once the jury is selected and sworn, both the prosecution and the defense will give an opening statement. The State will present its witnesses and evidence, and the defense may challenge the State's case by cross-examining State witnesses. The defense may put on a case of its own or may rely on the burden on the prosecution to prove the defendant guilty beyond a reasonable doubt. Both juries of 6 and juries of 12 must come to unanimous decisions.