Tulsa criminal lawyer tells you the truth about DUIs
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Will spending the money to hire a "DUI Lawyer" get me a better deal?
In my opinion, especially for a first time offender, spending money on a lawyer that holds themselves out as a "DUI specialist" is a big waste of money. If you have been arrested in Oklahoma for a DUI and you want a lawyer to tell you the bottom line than hear it is.......
Most people arrested for DUIs should work out the best deal they can get and plead guilty. You may ask why a criminal defense lawyer would say something like that? Here is why, cases are resolved because of a calculation of risk. Most DUI offenders can work out a deal that allows them to avoid jail or prison. Remeber all that it takes for the state to force a jury trial is "probable cause" and that is not a high burden at all. If the state can prove "probable cause than a defendant must risk their freedom at a jury trial in order to exercise their "presumption of innocence. However, if you make the state go through a jury trial to prove that you were driving under the influence of alcohol than the judge is very likely to send you to jail or prison. Most people cannot afford to spend time in jail or prison. (You may also want to read How Good Criminal Lawyers Analyze Cases. and Probable Cause-The Key to Understanding the Criminal Justice System)
How hard do you really think it is going to be for a prosecutor to prove most people arrested for DUI were really drunk? When you consider everyone arrested for DUI in Oklahoma you are talking about thousands of arrests. What percentage of those arrested go to jury trial? I would estimate less than 1%. Why is that? Because the majority of time the state has the evidence necessary to prove its case. In the majority of cases the arresting officer is going to testify about the erratic driving that caused him or her to stop the defendant, the officer is going to testify that they smelled alcohol, that the defendant had blood shot eyes, that the defendant had slurred speech, that the defendant was unsteady on his or her feet and the defendant failed the field sobriety test.
Most people arrested for DUI qualify for a modified license with the Department of Public Safety. If you want to avoid a modified license than you must win both the criminal case and win a hearing at the Department of Public Safety. Under Oklahoma law the Department of Public Safety (DPS) can suspend your driver's license for being arrested for DUI or for being convicted of it. So even if you hire a lawyer to put on the DPS Hearing and you win, you still must beat the criminal case to avoid having a modified license and the requirement of an interlock device.
Those charged with DUI and DWI generally fall into two categories. The first category is those individuals that are first or second time offenders who know they made a mistake, had too much to drink and simply want to resolve the case as easily and inexpensively as possible. The second category is those individuals that have had multiple DUI and DWI arrests and are facing felony convictions or prison.
If you are a first time DUI offender and want to know what to expect an overview of what to expect is listed below. If you are charged with misdemeanor DUI, don't spend thousands of dollars on a "DUI Specialist" just to get the same deal you would receive with any competent criminal defense lawyer. Before hiring a "DUI lawyer" read the article below.