You need to secure counsel, sooner is better than later, You have two actions going on, not one. There is the action based on the criminal charge lodged in the district court of the County where ever you were stopped by OHP. The other is the administrative action with the Dept. of Public Safety. You have only 15 days from the date of your arrest to file for the administrative hearing, or it will forever be lost to you and your license will be revoked.
You are welcome to contact counsel of your choice. Also, if you are considering seeking court appointed counsel for the criminal charge, be aware the court does not appoint counsel for the administrative hearing with DPS.
The prior answer is correct. In addition, your previous driving record will have a substantial effect on your likely consequences. If you have previous charges related to drugs/alcohol, the prosecutor is likely to take a very hard line on your case. If your record is perfect, your chances of a probation are much improved. It will cost a lot.
There is an important distinction between DWI and DUI. Many people from Texas get the two charges confused because a DUI in Oklahoma is equivalent to a DWI in Texas, and vice versa. If you are charged with a DWI, the range of punishment is less and fines are lower than a DUI charge. Also, with a DWI charge, you do not have to worry about the enhancement to a felony if you commit the crime again. A DUI carries a greater punishment range and heavier fines. Either way, I would expect to pay a good bit for either. I would hire an attorney quickly in order to get out in front of things as much as possible.
If your case is really a DWI, then you will not have to worry about license problems unless you take a conviction for DWI. A DWI in Oklahoma means you had a breath score of .06 or .07. If you refused or had a breath test result of .08 or more (.02 or more if under 21), then you have a DUI charge which does carry license ramifications. If a DUI, it is important to take action within 15 days of arrest to prevent license suspension.
As you were arrested by a trooper, then this will be a district court charge. If a DUI, fines and court costs will generally run 1-2 thousand but there are a lot of other fees for classes and probation. It is very important to speak with an attorney that handles DUI cases. Like myself, almost all of them give free consultations. Also, you can click the link below to my website which has very detailed information on Oklahoma DUI laws. Good luck
Answers to AVVO questions are for general purposes only and do not establish an attorney-client relationship. This answer is not a substitute for legal advice and should not be relied upon without a full consultation with an attorney that can fully look at issues involved.
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