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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.......

1. 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)




2. 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.




3. 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.

What first time Oklahoma DUI offenders can expect.

Alcohol related driving offenses are one of the most common criminal offenses seen in the judicial system. DUI, DWI and APC (Actual Physical Control) are some of the most common offenses in the criminal justice system. Most people who are arrested for an alcohol related driving offense are people that made a mistake, want to work out the best plea agreement they can and move on with their life; for the people in that category, listed below is an overview of what you can expect if you are charged with first offense DUI, DWI or APC in the state of Oklahoma.

 When you are arrested for DUI, DWI or APC you essentially have two cases to deal with, not one. You have the criminal charges that must be resolved in either municipal or state court and you have the issue of receiving a modified driver's license that must be handled with the Department of Public Safety.  This article will address the criminal case first.

MOST OKLAHOMA FIRST OFFENDERS CHARGED WITH DUI, DWI OR APC ARE NOT SENTENCED TO JAIL

Most counties in the state of Oklahoma realize that they simply do not have the resources to incarcerate first time DUI , DWI , and APC offenders. First time offenders in and around Tulsa County are rarely are sentenced to jail for a first offense DUI , DWI , and APC . (When I say sentenced to jail I mean that a defendant that had made bond was sentenced to jail as punishment. When someone is arrested and can not make bond and they have built up credit for time served I have seen prosecutors and defense attorneys agree to a jail term that is equivalent to the amount of time a defendant has served to resolve the case quickly.) I would hesitate to say never, but feel comfortable saying that it almost never happens. (A big exception to first time offenders not facing jail time is Washington County, it is my understanding that first time offenders in Washington County are routinely sentenced to a short amount of jail time.)   This is especially true for individuals charged in the municipal courts in and around Tulsa, those courts being Broken Arrow , Owasso , Claremore , Sand Springs , Jenks , Glenpool and Bixby. I know of no case in any municipal court in an around Tulsa County where a DUI offender was sentenced to jail.  (I am aware of cases where defendants violated the terms of their probation and eventually went to jail.)

If I pled guilty to misdemeanor DUI in Tulsa County, what will I have to do?

The short answer is a lot. DUI, DWI and APC cases are so common that in  most county and municipal courts the prosecutor's office has a "standard recommendation" for first time offenders Listed below is a standard recommendation that someone could expect for a first time DUI in Tulsa County. Many of the requirements for probation are statutory, meaning the law says if you enter a plea the probation must include them, that means no matter how hard your lawyer argues, begs or pleads the prosecutor and the judge are never going to agree not to include the statutory requirements into the plea.

This is a standard recommendation for first time offenders charged with DUI in Tulsa county. It is only a recommendation (Which means it is the plea offer that the prosecutor extends to the defendant) a defendant always has the option of a jury trial or a "blind plea". A "blind plea" is a plea made to the judge without a plea agreement with the state. With a blind plea the defendant can receive a more lenient sentence or a more severe sentence.

The "standard recommendation" (listed above) of the Tulsa County District Attorney's office is pretty typical.

 One of the upsides to the standard recommendation in Tulsa County is that they only require 56 work hours of which a defendant can have reduced to 20 hours by entering a plea quickly. Other counties are not as lenient on work hours. For example if you are charged with a first time DUI in Rogers County their standard recommendation will include 120 work hours. (That is 4 weeks working full time.) The requirement of 120 work hours in Rogers county is pretty difficult to get around, it is even pre-printed in their plea packet.

Most counties are going to require the DA Supervision for misdemeanors. DA Supervision is kind of like having a probation officer, but not really. The DA's office is not likely to show up at your home or anything like that however, they do want their monthly fee. Basically it is an additional funding source for the DA's office. Most of the local District Attorney's offices did not even have a DA Supervision program until the legislature began cutting their budgets.  

Many of the requirements of the standard recommendations are statutorily required.  For example a defendant receiving a drug and alcohol assessment and following the recommendations is required by statute. (See Title 47 O.S. § 11-902 (G)) Attending of a Victim Impact Panel is required by statute. (See Title 47 O.S. § 11-902 (H)) A payment to the Victim Compensation Fund is statutorily required. (See Title 21 O.S. § 142.18)

Should I spend the extra money and hire someone that "Specializes" in DUI cases?

The hiring of a lawyer is a personal decision to be made by each defendant. It should also be noted that Oklahoma does not recognize "Specialties" in law, except for Maritime Law and Patent Law. (See Title 5 O.S. § Rule 7.4)

My opinion is that for most people charged with DUI offenses that hiring someone that holds themselves out to be a "DUI Specialist" will only cost a defendant more money to get the same deal. The reason that I hold this opinion is that DUI, DWI and APC charges are so common that most prosecuting agencies have standard recommendations that they extend to most defendants. From time to time a lawyer will be able to negotiate more favorable conditions in a plea agreement or know when to advise a defendant that they may want to consider a "blind plea", but with the majority of alcohol related driving offenses defendants are going to end up with substantially the same deal. In my experience the differences in the plea agreements seen have more to do with the jurisdiction the individual is charged in than with the lawyer who is representing them. My opinion is shared several other lawyers that I know. In my opinion lawyers hold themselves out as "DUI Specialist" for marketing purposes.

What a first-time Oklahoma DUI Offender can expect when dealing with DPS

When arrested for DUI, DWI, or APC a defendant's license will usually be confiscated and that person will typically be given an affidavit that serves as a temporary license.  What is important to know is that if you are arrested for DUI, DWI or APC that the Department of Public Safety will suspend your license for a period of time. However, in most circumstance you can request a modified license. (You can also request a hearing if you would like to challenge the basis of the officer's determination. However, even if you end up winning the DPS hearing, if you plead to the DUI, DWI or APC that is also a basis to suspend the license and places you in the same position as if you had the hearing and lost.)

What is important to know is that you must request your hearing or modification within 15 days. The request form is on the DPS website.

Send your questions to LawyerAdams@me.com I try to respond to all inquires as quickly as possible. If you need immediate assistance you can call my office (918) 582-1313. (Answered 24 hours a day)