McClain County First DUI Defense Attorney

What is a DUI in Oklahoma?

In Oklahoma, driving under the influence (DUI) is a serious criminal offense that occurs when a person operates a motor vehicle while impaired by alcohol, drugs, or a combination of both. Under Oklahoma Statute Title 47 § 11-902, you can be charged with DUI if your blood alcohol concentration (BAC) is 0.08% or higher, or if you are under the influence of any substance that impairs your ability to safely operate a vehicle.

Even if your BAC is below 0.08%, you can still be arrested and charged with DUI if law enforcement believes your ability to drive has been affected by alcohol or drugs. Officers often base this determination on field sobriety tests, physical appearance, and driving behavior.

A first DUI arrest can be overwhelming—especially if you’ve never been in legal trouble before. At Schumacher Law Group, our McClain County first DUI defense lawyer understands how intimidating the process can be. We are here to protect your rights, explain your options, and fight for the best possible outcome in your case.

Call (405) 643-4884 for a confidential consultation.

What Happens After I’m Arrested?

If you are arrested for a DUI in McClain County, you will go through a series of steps that can significantly impact your driver’s license, criminal record, and future opportunities. Here’s what typically happens after a DUI arrest:

1. Arrest and Booking

After being stopped and tested (via breathalyzer, field sobriety tests, or blood test), you’ll likely be taken into custody and booked at a local jail. Your vehicle may be towed, and you will be fingerprinted and photographed.

2. Administrative License Suspension

Oklahoma operates under implied consent laws, meaning that by driving, you automatically consent to BAC testing. If you refuse or fail a test, your license may be automatically suspended by the Oklahoma Department of Public Safety (DPS).
You only have 30 days from the date of your arrest to request an administrative hearing to challenge the suspension. If you miss this deadline, your license can be suspended for up to six months (or longer for refusals).

3. Initial Court Appearance

You will be required to appear before a judge for your arraignment, where formal charges are read. You will then enter a plea—guilty, not guilty, or no contest. It’s crucial to have an experienced McClain County DUI attorney at this stage to begin building your defense.

4. Pre-Trial and Negotiations

Before trial, your lawyer can negotiate with prosecutors for reduced charges or alternative sentencing options. A skilled attorney may be able to challenge the legality of the traffic stop, the accuracy of breathalyzer results, or improper police procedures.

5. Trial or Resolution

If negotiations don’t lead to a favorable resolution, your case may proceed to trial. However, many first-time offenders are eligible for diversion programs or probation, especially if there were no injuries, accidents, or aggravating factors.

At Schumacher Law Group, we help clients navigate each step of the process, ensuring they understand their rights and have the strongest possible defense strategy.

First DUI Offense Penalties

A first DUI offense in Oklahoma is generally treated as a misdemeanor, but the penalties can still be severe. The consequences depend on your BAC level, whether you refused testing, and whether any aggravating circumstances occurred (such as an accident or a child in the car).

Typical penalties for a first DUI offense may include:

• Jail Time: Up to 1 year in county jail
• Fines: Between $500 and $1,000
• License Suspension: 6 months (or more if you refused a test)
• Probation: Often includes alcohol/drug education and community service
• Ignition Interlock Device: Required for reinstatement in many cases
• Criminal Record: A conviction can remain on your record and affect employment, housing, or future legal matters.

For first-time offenders, Oklahoma courts often consider deferred sentencing, which can allow you to avoid a permanent conviction if you successfully complete probation and meet all court-ordered conditions. This is one of the many legal strategies our McClain County DUI defense team can explore for you.

Possible Defenses to a First DUI Charge

Every DUI case is unique, and many involve mistakes by law enforcement or issues with the testing process. Our McClain County first DUI defense attorney can identify weaknesses in the prosecution’s case, such as:

• Unlawful traffic stop: The officer lacked reasonable suspicion to pull you over.
• Improper field sobriety tests: Tests were administered incorrectly or under poor conditions.
• Faulty breathalyzer equipment: Breath tests can be inaccurate if devices are not properly calibrated or maintained.
• Violation of rights: Failure to read Miranda rights or improper questioning.
• Medical conditions: Certain health issues can mimic intoxication symptoms.

At Schumacher Law Group, we analyze every detail of your case to develop a defense that challenges the evidence and protects your future.

First DUI FAQs

Will I go to jail for a first DUI in McClain County?

Jail time is possible, but many first-time offenders receive probation, fines, or deferred sentencing instead. Having an experienced DUI attorney can greatly reduce your risk of incarceration.

Can I keep my driver’s license after a DUI arrest?

Possibly. You must request a DPS hearing within 30 days to contest the suspension. An attorney can represent you in this administrative process and fight to preserve your driving privileges.

What is a deferred sentence?

A deferred sentence allows you to plead guilty or no contest but have the conviction deferred while you complete probation. If you meet all conditions, the case can be dismissed, and the record may be eligible for expungement.

Can a DUI be expunged in Oklahoma?

Yes, under certain conditions. A first DUI misdemeanor may be eligible for expungement five years after completing your sentence if you have no other felony or misdemeanor convictions.

Do I need a lawyer for a first DUI?

Absolutely. Even a first-time DUI can have lasting legal and financial consequences. An attorney can protect your rights, challenge the evidence, and work toward a reduced or dismissed charge.

Contact a McClain County First DUI Defense Lawyer Today

A first DUI arrest can be a frightening experience, but you don’t have to face it alone. The consequences of a conviction can follow you for years—but with the right defense strategy, you can protect your license, your reputation, and your future.

At Schumacher Law Group, our dedicated McClain County first DUI defense attorney has the experience and determination to guide you through every step of the legal process. We’ll fight for your rights and work to achieve the best possible outcome for your case.

If you or someone you care about faces a first-time DUI in McClain County, contact Schumacher Law Group today.