By Glen R. Graham - Attorney at Law - Tulsa DUI Attorney (918) 260-8184
It is a fact that about 90-98% or more of all Tulsa DUI -DWI-APC cases are plea bargained or pled out to avoid jail or reduce the amount of exposure or reduce to a lesser offense or to try to avoid a record or "label." Most cases are 1st or 2nd time offenders who are seeking to avoid a jail sentence which most of the time can be obtained as part of a "plea bargain." Also, normally a first time offender without any aggravating factors would usually be able to hire a lawyer to obtain a plea bargain to reduce the charges to a lesser offense upon completion of the court requirements.
Without a plea bargain and without a good lawyer or attorney - first offense - DUI or APC carries a minimum of 10 days in jail and up to a 1 year sentence in jail plus fines and costs. To AVOID ANY JAIL TIME and/or to get the case reduced to a lesser charge, most people hire a lawyer to get a "plea bargain." The court will require that you obtain a substance abuse assessment by a licensed certified assessor and to complete the recommendations in the assessment. If you do not have a problem with alcohol or substance abuse, then the assessment should also reflect that point.
Most of the time, the assessment is going to require completion of a DUI school which costs about $150 for the 10 hour course or $325 for the 24 hour course. The assessment will determine which course is required. Usually, the court is going to require completion of the victim impact panel (mothers against drunk driving -MADD) which lasts one (1) hour and costs about $50 dollars.
Aggravating factors include: Was there an accident? Injuries? Children in the car? Prior offenses of any kind - prior felony convictions of any type? Breath test result - high or low? Attitude - combative or compliant? Treatment? Job? Health factors? Medical & Mental Factors? A multitude of other factors that should be discussed in private between the attorney and the client.