OKC Criminal Defense & DUI Attorneys
OKC Criminal Defense & DUI Attorneys

Should You Plead Guilty or Fight Your Oklahoma DUI Charge?

Should You Plead Guilty or Fight Your Oklahoma DUI Charge?

You are out one night when you suddenly see flashing lights behind you. Your stomach sinks. Before you know it, a police officer is peering into your vehicle and asking if you’ve had anything to drink that night. Before long, you find yourself handcuffed and placed in the backseat of the police squad car.

If you’ve found yourself in this unfortunate position, you might wonder whether you should simply plead guilty to the criminal charges or if it’s worth the fight. An experienced attorney from Fassio Law can review your particular situation and explain the best option for you. 

What Happens When You Plead Guilty? 

It’s reasonable that you’re wondering, “Should I plead guilty to a DUI charge?” But before answering that question, you must know what can happen if you plead guilty. 

A DUI conviction can result in significant penalties, including the following for a first-time offender:

  • Jail time of one to five years
  • More than $10,000 in fines and fees
  • Ignition interlock device installation and maintenance for 18 months
  • Driver’s license suspension for one year

Subsequent offenses or elevated blood alcohol concentration (BAC) levels can result in even stricter penalties. 

After you plead guilty, the court will impose the sentence, and you will be bound by your decision. 

If you plead guilty to the offense, this can later be used against you if you are charged with another DUI in the future, potentially subjecting you to even harsher consequences. You will have a criminal record that will follow you around and limit your employment, educational, and housing opportunities. Your reputation may also be damaged. If you are not a citizen, the conviction can provide the basis for removal in immigration proceedings.

When Does Pleading Guilty Make Sense? 

Despite the potential consequences, it might make sense to plead guilty in some situations. For example, if you don’t have a viable defense or the prosecution has a strong case against you, it might make more sense to plead guilty, rather than waste time or money. Additionally, if you plead guilty, the court might give you a lighter sentence since you are taking accountability for your actions. A knowledgeable criminal defense attorney can explain the potential benefits and drawbacks of pleading guilty, advising you of which direction to take. 

What Happens If I Plead Not Guilty to a DUI?

If you choose to plead not guilty to a charge of driving under the influence, you may be required to pay bail or be released on your own recognizance so that you can stay free while your case is pending. This will give you a chance to work with a drunk driving defense attorney to begin mounting a defense on your behalf. 

Defense lawyers will first look at challenges that they can make to the underlying criminal charges. If the charging documents contain errors, insufficient evidence in your case, or constitutional violations, your drunk driving lawyer may file a motion to have the charges against you dismissed. 

If this is not successful, your defense lawyer can explore opportunities for a plea agreement in which you agree to subsequently enter a guilty plea in exchange for more favorable treatment.  Favorable plea agreements may result in no or minimal jail time, reduced charges, or other benefits. In some cases, you may enter a “blind plea,” which occurs when you do not accept the state’s plea bargain and leave it up to the judge to sentence you. In these situations, the judge has full discretion on sentencing. The judge could order a deferred sentence, a suspended sentence, or jail or prison time.

In some situations, entering a deferment program may be a viable option. Deferment programs are treatment-based and concentrate on rehabilitating you rather than on punishing you. DUI/drug court is considered a deferment program. 

If plea negotiations fail, your case proceeds to trial. At trial, your lawyer argues that the prosecution cannot meet its burden by proof beyond a reasonable doubt. At the conclusion of the trial, the judge or jury announces the verdict. If you are found not guilty, you are free, and your case is over. If you are found guilty, you will be sentenced.

What Are the Benefits of Fighting a DUI Charge? 

Fighting a DUI charge can be overwhelming, but it can provide substantial benefits in some circumstances. First, if you plead guilty immediately, the prosecution will have no incentive to offer you a lighter sentence. By pleading not guilty initially, you are showing your willingness to take your case to court. The prosecution may not have adequate time or resources to prepare for your case and may agree to dismiss the case, reduce the charges, or offer a favorable plea deal. 

You may have viable defenses that you can raise to have the charges dismissed or to be acquitted at trial, but you’ll only be able to raise them if you plead not guilty. 

When Should You Consider Fighting the Charges?

Fighting the charges may make sense in several situations. Your lawyer could file a motion, such as a motion to dismiss for no probable cause to arrest or a motion to suppress and dismiss for an unlawful traffic stop, if police did not have reasonable suspicion to legally conduct the traffic stop or probable cause to arrest you. This could result in the case against you being dismissed, which would be the best-case scenario. 

If fighting the charge would get the prosecutor to agree to a deferment program, reduced charges, a deferred sentence, or a suspended sentence, it may be better to initially fight the charges rather than pleading guilty at the preliminary hearing. These alternatives may help reduce the impact the drunk driving case has on your life and might allow you to continue working. 

An experienced criminal defense lawyer can explain how to fight a DUI charge and whether it makes sense in your particular situation. 

DUI Defenses That Can Strengthen Your Case

So, if you’ve decided to plead not guilty, the next question is, how do you beat a DUI charge? Experienced drunk driving defense lawyers can raise various legal arguments and defenses to have charges dismissed or you acquitted at trial, such as:

  • Police conducted an unlawful stop.
  • The field sobriety tests were unreliable.
  • A faulty breathalyzer machine was used. 
  • Collection methods were not appropriate.
  • Your blood or breath test was contaminated.
  • The breathalyzer machine was not calibrated correctly. 
  • You have a medical condition that affects how your body metabolizes alcohol.

How a DUI Conviction Can Impact Your Future

A DUI conviction can have a significant impact on your future. If you’re convicted, you could be sentenced to years behind bars. You may have to pay thousands of dollars in fines and associated costs. You might have to install an ignition interlock device in any vehicle you drive and have to pay for monitoring services. 

Your driver’s license could be suspended, which could interfere with your job and ability to take care of other life responsibilities. Your insurance could hike, resulting in even more financial setbacks. A criminal record can prevent you from getting employment or accessing other opportunities. 

Legal Process After a DUI Arrest

The Oklahoma DUI court process typically follows this process:

  • Arraignment: The judge explains to the defendant the crime they are charged with and asks for a plea.
  • Pre-trial motions: The defendant’s legal team files pre-trial motions, if any.
  • Preliminary hearing: The defendant has a right to request a preliminary hearing in felony DUI cases, but the prosecutor may rescind any 
  • Plea negotiations: The defendant’s lawyer and the prosecutor engage in plea negotiations.
  • Trial: The case proceeds to trial. The judge or jury renders a verdict.

Hiring an Oklahoma DUI Attorney: Why It Matters

Experienced Oklahoma DUI attorneys understand criminal law, procedural regulations, and how to effectively argue these types of cases. They can raise legal arguments in your case and push for an early dismissal of your case. They can also try to negotiate an advantageous plea deal. If it’s necessary to go to trial, you will need an experienced trial lawyer who understands the rules of procedure and evidence. 

What to Do If You Are Facing a DUI Charge 

If you are facing DUI charges, you will need to take decisive action to protect your legal rights. Whether you ultimately decide to plead guilty, negotiate a plea bargain, or fight the charges, an experienced criminal defense lawyer can help. A former prosecutor founded Fassio Law, so you can trust that you will understand the ins and outs of the legal process. We can guide you through this difficult time and protect your rights at every stage. 

We represent clients in criminal cases throughout Edmond, El Reno, Mustang, Norman, Oklahoma City, and Yukon. We know that just because you are charged with a crime, that does not mean you’re a criminal. We treat you with the respect and dignity you deserve. Contact us today to schedule a confidential case evaluation.

Related: Standardized Field Sobriety Tests in Oklahoma: Are They Reliable in Court?

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