Hendrick, Casey & Hutter Attorneys At Law Frequently Asked Questions

If you have ever been arrested for a crime, a record of that arrest is created and maintained by law enforcement agencies. In the past few years, the state legislature has made expungements more widely available for people who have been arrested. Whether you were arrested, charged, placed on probation, or convicted of a crime, there are avenues to get those records expunged. The categories of offenses and dispositions of those cases are controlled by state statute and the lawyers at Hendrick, Casey & Hutter Attorneys At Law are familiar with all of them. Call a DUI attorney Oklahoma City, OK trusts from our firm today to see if you are eligible to get your arrest record expunged.

Have you ever heard the expression forgive and forget? Essentially, a pardon acts to forgive the offense and an expungement works to forget the offense.

A pardon is an act of forgiveness granted by the Governor for a crime or crimes committed by an individual. A pardon is not parole or a commutation and does not clear a criminal record but does acknowledge that someone has worked hard to become a productive, law-abiding citizen after making mistakes in the past. Some of the benefits include the restoration of gun ownership rights, eligibility to hold public office, and the ability to apply for a passport.

An expungement works to forget the offense ever happened. It clears the arrest and any subsequent action related to the arrest from your history. This means that anyone outside of law enforcement looking into your past will not be able to locate any record of the arrest and subsequent disposition. After an expungement has been completed, you can answer legally and honestly that the arrest never occurred. Some of the benefits include the ability to apply for better employment opportunities, secure a loan, get a lease, attend a university, receive financial aid, secure a professional license, and most importantly, maintain your privacy and not be judged by past mistakes.

To learn more about qualifying for a pardon or an expungement, call a DUI lawyer Oklahoma City, OK residents recommend from Hendrick, Casey & Hutter Attorneys At Law today.

Typically the process for the expungement takes 45-60 days. Call a DUI attorney in Oklahoma City, OK to learn more.

An expungement does not restore your right to purchase or own a gun after a felony conviction. In order to do so, you must request and be granted a pardon for that conviction. To learn more about pardons and expungements, call a DUI lawyer in Oklahoma City, OK.

First, don’t panic. While a DUI is a serious offense, if handled properly, it can be taken care of without significantly changing your life.

Second, your driver’s license is now on a ticking clock (30 days to take action). You have three options:

a. Option one: you sign up for the IDAP program which requires you to put an interlock in your vehicle. You will also be required to complete an ADSAC drug and alcohol evaluation and follow its requirements, which usually include a DUI school and victim impact panel.

b. Option two: you can file a petition and challenge the validity of the suspension of your license. This includes questioning whether the police officer has probable cause to pull you over, if the officer properly instructed and observed the state's field sobriety tests, and finally, if the breathalyzer or blood test were properly administrated.

c. Option three: let your license be suspended for the allotted amount of time (six months on the first offense, one year on the second offense). In order to get your license back, you will again need to do an ADSAC drug and alcohol evaluation and follow its recommendations.

It is important to remember this only affects your case with the department of public safety and not the criminal case that the prosecution agency is handling.

Third is the criminal portion of the DUI case. This is where the state, county, or city prosecutor will attempt to punish you for the DUI. For the most part, DUI cases end in plea agreements that are worked out by your attorney and the prosecutor. A case can be set for trial if an agreement can’t be worked out or you are innocent of the DUI.

In the end, most cases that our DUI attorneys in Oklahoma City, OK handle end in dismissals or deferred sentences that result in your case being dismissed. This makes your case eligible for expungement, meaning it can be completely taken care of like it never happened.

Your first DUI will always be a misdemeanor unless someone was injured in a car accident. A felony DUI occurs if you are involved in an accident that causes injury or you have been adjudicated for a prior DUI in the last 10 years. The 10-year time period begins when you are off probation. For example, if you received a DUI in 2021 and received a one-year deferred sentence your next DUI would result in a felony DUI up until 2032. A DUI lawyer Oklahoma City, OK relies on at Hendrick, Casey & Hutter Attorneys At Law can help with both felony and misdemeanor DUI cases.

The State of Oklahoma allows police officers to ask you to take one or both tests if they feel they have probable cause to assume that you have been drinking and driving. According to the Oklahoma Highway Safety Office, if you blow over a .08 BAC, you will be considered to have been driving under the influence and will be arrested. If you refuse the test, the state will suspend your license for six months if it's your first offense or a year if it's your second offense. More than likely, they will also arrest you. If you have been arrested for drinking and driving, call a DUI attorney Oklahoma City, OK drivers trust from Hendrick, Casey & Hutter Attorneys At Law.