Charged With DUI In Wagoner County? Read This First

When you get a DUI in Wagoner County, you really have two cases rather than one. This often surprises people. There is the criminal case, which most clients know about. The second case, the civil driver's license case, is something most people don't anticipate. We will walk you through everything you need to know about your Wagoner County DUI case.

The Criminal Case

The first case, the criminal case, is what you'd expect. This is the court date you receive when you bond out of jail. The state of Oklahoma brings this case against you. What makes it criminal is that a driving under the influence charge carries jail time — and this is where you could receive jail time if the case isn't handled properly.

The Arraignment

The first court date you receive is your arraignment date. In Wagoner County, arraignments are often held at 10:30 in the morning. During an arraignment, you hear what charges have been brought against you. Arraignments in Wagoner County often take place on the first floor across from the court clerk's office, but are occasionally held on the second floor in the first courtroom on the left at the top of the stairs. One nice thing about Wagoner County is that it isn't very crowded. You can often park in the parallel parking spots right in front of the courthouse. Arraignments tend to go quickly, so you can get in and out in a timely manner. During your arraignment, the judge will hand you or your attorney a document explaining your charges. You will then be given a new court date. In Wagoner County, there are separate court dates for misdemeanors and felonies, so the judge will offer a date appropriate for the type of case you are charged with.

The Conference Date

This will be the second court date in your criminal case. This is where the prosecutor will turn over the evidence and offer you a plea deal. From here, each case can look fairly different. If you have a felony, you will discuss either taking the plea deal or requesting a preliminary hearing. If you have a misdemeanor, you will not have a preliminary hearing, so you must choose to either take the plea offer or proceed to a jury trial. In some instances, you may have grounds for a full dismissal of your case. If so, a motion would typically be filed and presented after this court date.

The Civil Driver's License Case

The second case you have when you receive a DUI charge is a civil driver's license case. This occurs when the agency — formerly known as DPS and currently operating as Service Oklahoma — sends you a letter revoking your driving privileges. This is based on the breathalyzer test. If you either refuse the breathalyzer test or blow over the .08 legal limit, Service Oklahoma will revoke your driving privileges.

This revocation is not automatic. They must first send you a letter notifying you that they intend to revoke your driving privileges. This letter will include the date the revocation becomes effective. If your driver's license has an outdated address, it is important that you update your address with Service Oklahoma. If you fail to do this, they will send the letter to the address on file — whether you are able to receive it or not.

Once you receive your letter, there is a very short window to file a driver's license appeal challenging the revocation. This is why it is important to hire an attorney right away. Once the appeal is filed, your attorney can often handle it entirely without you needing to be present. In many instances, I prefer my clients not attend the revocation hearings, even when they are able to.

During this hearing, Service Oklahoma must either prove that you refused the state's test or that you took it and had a BAC above .08. The state's test is either a breath or blood test, depending on what the officer chooses. A common misconception is that you get to choose between a breath or blood test — in reality, it is the officer's decision.

Once Service Oklahoma shows that you were offered the test and either refused or provided a sample above a .08, your license is revoked. However, not all hope is lost. While the burden of proof for Service Oklahoma is very low, they must still follow proper procedures in order to revoke your license. An experienced attorney will know these procedures and can identify any deficiencies that may be present, which could allow you to keep your license if successful.

While this process is taking place, you are able to maintain your driving privileges. At the conclusion of the hearing, you will either be successful and able to continue driving, or unsuccessful. If you are unsuccessful, you will need to install a breathalyzer in your vehicle and enroll in IDAP right away in order to maintain your driving privileges. Unlike in the criminal case, these requirements are set by statute, meaning you cannot negotiate a different outcome if you are unsuccessful.

Common Questions and Answers

Do I need an attorney for my first court date?

Not necessarily. It's always best to get a professional involved as quickly as possible to preserve your rights. Keep in mind that your case will not be able to move forward until you have hired an attorney.

Can I keep driving while my license appeal is ongoing?

Yes! As long as a timely appeal is on file, you are good to keep driving until a judge orders your license revoked.

Can I get a SCRAM device instead of a breathalyzer?

If the breathalyzer is a requirement of your probation, the prosecutor will often be willing to make adjustments, such as substituting it for a SCRAM device. If you are referring to the breathalyzer requirement for your license, no — it must be a breathalyzer pursuant to IDAP.

What is a preliminary hearing?

This is a scaled-down version of a trial where the prosecutor must prove they have enough evidence to keep you charged in the criminal matter. It does not apply to the civil driver's license case or to misdemeanors — only felony charges.