Oklahoma DUI Attorney John Hunsucker

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Oklahoma DUI Attorney John Hunsucker handles Driving Under the Influence (DUI), Driving While Impaired (DWI), Actual Physical Control (APC), Drunk Driving, Child Endangerment resulting from DUI, DUI Manslaughter, and DPS Hearings in Oklahoma City, Oklahoma County, Cleveland County, Lincoln County, Pottawatomie County, Canadian County and throughout Oklahoma.

Oklahoma DUI Attorney John Hunsucker offices in Oklahoma City, Oklahoma and concentrates in Driving Under the Influence - DUI, Driving While Impaired - DWI, Actual Physical Control - APC and Oklahoma Department of Public Safety ( DPS ) Hearings cases. Oklahoma DUI Lawyer John Hunsucker is Oklahoma's leading drunk driving defense lawyer. Mr. Hunsucker is internationally recognized and attends and/or teaches at almost every local and national DUI related seminars and has also taught in Canada. He has appeared nationally on Court TV/TruTV as a expert legal commentator on the television programs "In Session" with Ashleigh Banfield and "Open Court" with Lisa Bloom. Locally, Mr. Hunsucker has appeared several times on Channel 5, radio station KTOK and also been quoted in the Daily Oklahoman for his extensive knowledge and experience in drunk driving defense. Mr. Hunsucker has been retained to litigate and/or consult on several DUI cases nationwide including Texas, California, and Connecticut. The Hunsucker Defense Firm is the ONLY attorney in Oklahoma City that owns and operates Oklahoma's newest breath machine, the Intoxilyzer 8000. (There are only 12 of these machines owned by defense attorneys is the country)

Quality Oklahoma DUI Defense

Once retained, Mr. Hunsucker leaves no stone unturned. Unlike other attorneys who claim to be DUI attorneys, Mr. Hunsucker visits the scene of the arrest and usually has his private investigator take pictures. If you submitted to a breath test or blood test, Mr. Hunsucker will request all maintenance logs on the machine used and his office automatically gets the Intoxilyzer computer downloads or uploads from the Oklahoma Department of Public Safety (DPS). All videos tapes concerning your arrest or administration of chemical tests are requested, reviewed, and preserved for your DUI defense. Also, we keep an internal file of all police officers we come in contact with to be used for impeachment purposes if your case proceeds to trial.

When it comes to DUI Defense, Mr. Hunsucker has literally written the book. The only textbook for Oklahoma DUI defense is coauthored by John Hunsucker. This textbook, Oklahoma DUI Defense: The Law and Practice is published by Lawyers and Judges Publishing and is the textbook that lawyers turn to when learning to defend a DUI case. Additionally, Mr. Hunsucker has coauthored Oklahoma DUI Survival Guide: A Citizen's Protection Manual, Minnesota DWI Survival Guide: A Citizen's Protection Manual and Georgia DUI Survival Guide: A Citizen's Protection Manual. (All three books are published by Whitehall Publishing).

As Oklahoma's leading DUI attorney, Mr. Hunsucker now defends hundreds of DUI, DWI, APC, DUI Manslaughter and DPS hearings a year ranging from DUI Felony Murder II, Child Endangerment resulting from DUI to municipal DWIs. Frequently called upon by other attorneys for his extensive DUI knowledge, Mr. Hunsucker is a Director of the Oklahoma Criminal Defense Lawyers Association, Member of the National College of DUI Defense, a fellow with the Litigation Council of America, and is also a Member of the National Association of Criminal Defense Lawyers. As a former Assistant District Attorney, John Hunsucker has criminally prosecuted hundreds of DUI cases in Oklahoma. (Some attorneys will downplay this credential, because they have not obtained this valuable rare knowledge from the other side)

Mr. Hunsucker is the only DUI attorney in Western Oklahoma that has been selected by his peers for inclusion in Oklahoma Superlawyers every year since its debut in Oklahoma (2006, 2007, 2008, 2009). Only the top 5% of Oklahoma lawyers are chosen by their peers (other attorneys and judges) for this honor.

Serious Consequences of your Oklahoma DUI Arrest

An Oklahoma DUI, DWI or APC arrest has serious consequences. You stand to lose your Oklahoma driver's license, experience a substantial increase in car insurance rates, pay large fines and court costs and possibly face jail time. Additionally, a DUI conviction could affect your livelihood if you hold any professional licenses. If you are a college student, your university could take further action against you also. If you are in the military, your command more than likely will also take further action.

Proven Track Record Representing Oklahoma DUI Arrests

Hunsucker DUI Defense Firm has accumulated a highly successful record of acquittals, dismissals and reductions in the defense of DUI arrest and alcohol related cases. Each DUI arrest is different in Oklahoma, but note that Hunsucker DUI Defense Firm always starts with a goal of getting your case dismissed or reduced to a traffic ticket and preventing any loss of driving privileges.

We offer Payment Plans and Fair Fees

Our fees are fair and competitive and in most cases, we charge a low flat rate which can be paid with payment plans if necessary. For your convenience, we also accept all major credit cards. There is no charge for your free consultation and you will receive your complimentary copy of the Oklahoma DUI Survival Guide. When you factor in our experience and proven results, Hunsucker Defense Firm is a good choice for those who want the highest quality of drunk driving representation at a fair and reasonable cost.

A Word of Warning about your Oklahoma Drivers License

You have only 15 days from the date of arrest to request a hearing on your Oklahoma driver's license. If you fail to request a hearing, your license may be suspended and you face the probability of not being able to drive for 6 months up to several years. It is important that you hire legal representation for this hearing to challenge the license suspension. Having legal representation for this license hearing provides an opportunity for your DUI attorney to question the arresting officer. Putting the officer on the stand helps to establish his or her position, which can be very beneficial to your case.

Call the Hunsucker DUI Defense Firm today to discuss the ways we can help keep your Oklahoma Driver's License and try to get a dismissal or reduction in your Oklahoma DUI arrest.

Oklahoma Statutes Citationized

Title 47. Motor Vehicles

Chapter 11 - Rules of the Road

Article 9 - Reckless Driving, Driving While Intoxicated, and Negligent Homicide

Section 11-902 - Persons Under the Influence of Alcohol or Other Intoxicating Substance or Combination Therof

A. It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who:

1. Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more at the time of a test of such person's blood or breath administered within two (2) hours after the arrest of such person;
2. Is under the influence of alcohol;
3. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or
4. Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle.

B. The fact that any person charged with a violation of this section is or has been lawfully entitled to use alcohol or a controlled dangerous substance or any other intoxicating substance shall not constitute a defense against any charge of violating this section.
C.
- 1. Any person who is convicted of a violation of the provisions of this section shall be deemed guilty of a misdemeanor for the first offense and shall participate in an assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services pursuant to Section 3-460 of Title 43A of the Oklahoma Statutes and shall follow all recommendations made in the assessment and evaluation and be punished by imprisonment in jail for not less than ten (10) days nor more than one (1) year. Any person convicted of a violation for a first offense shall be fined not more than One Thousand Dollars ($1,000.00).
- 2. Any person who, within ten (10) years after a previous conviction of a violation of this section or a violation pursuant to the provisions of any law of another state prohibiting the offense provided in subsection A of this section, is convicted of a second offense pursuant to the provisions of this section or has a prior conviction in a municipal criminal court of record for the violation of a municipal ordinance prohibiting the offense provided for in subsection A of this section and within ten (10) years of such municipal conviction is convicted pursuant to the provision of this section shall be deemed guilty of a felony and shall participate in an assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services pursuant to Section 3-460 of Title 43A of the Oklahoma Statutes and shall be sentenced to:
- 3. Any person who is convicted of a second felony offense pursuant to the provisions of this section shall participate in an assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services pursuant to Section 3-460 of Title 43A of the Oklahoma Statutes and shall be sentenced to:
- 4. Any person who is convicted of a third or subsequent felony offense pursuant to the provisions of this section shall participate in an assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services pursuant to Section 3-460 of Title 43A of the Oklahoma Statutes and shall be sentenced to:
- 5. Any person who, within ten (10) years after a previous conviction of a violation of murder in the second degree or manslaughter in the first degree in which the death was caused as a result of driving under the influence of alcohol or other intoxicating substance, is convicted of a violation of this section shall be deemed guilty of a felony.
- 6. Provided, however, a conviction from another state shall not be used to enhance punishment pursuant to the provisions of this subsection if that conviction is based on a blood or breath alcohol concentration of less than eight-hundredths (0.08).
- 7. In any case in which a defendant is charged with a second or subsequent driving under the influence of alcohol or other intoxicating substance offense within any municipality with a municipal court other than a court of record, the charge shall be presented to the county's district attorney and filed with the district court of the county within which the municipality is located.
D. Any person who is convicted of a violation of driving under the influence with a blood or breath alcohol concentration of fifteen-hundredths (0.15) or more pursuant to this section shall be deemed guilty of aggravated driving under the influence. A person convicted of aggravated driving under the influence shall participate in an assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services pursuant to Section 3-460 of Title 43A of the Oklahoma Statutes and shall comply with all recommendations for treatment. Such person shall be sentenced to not less than one (1) year of supervision and periodic testing at the defendant's expense, four hundred eighty (480) hours of community service, and an ignition interlock device for a minimum of thirty (30) days. Nothing in this subsection shall preclude the defendant from being charged or punished as provided in paragraph 1, 2, 3, 4 or 5 of subsection C of this section.
E. When a person is sentenced to imprisonment in the custody of the Department of Corrections, the person shall be processed through the Lexington Assessment and Reception Center or at a place determined by the Director of the Department of Corrections. The Department of Corrections shall classify and assign the person to one or more of the following:

1. The Department of Mental Health and Substance Abuse Services pursuant to paragraph 1 of subsection A of Section 612 of Title 57 of the Oklahoma Statutes; or
2. A correctional facility operated by the Department of Corrections with assignment to substance abuse treatment.

F. The Department of Public Safety is hereby authorized to reinstate any suspended or revoked driving privilege when the person meets the statutory requirements which affect the existing driving privilege.
G. Any person who is found guilty of a violation of the provisions of this section shall be ordered to participate in, prior to sentencing, an alcohol and drug substance abuse evaluation and assessment program offered by a certified assessment agency or certified assessor for the purpose of evaluating and assessing the receptivity to treatment and prognosis of the person. The court shall order the person to reimburse the agency or assessor for the evaluation and assessment. The fee for an evaluation and assessment shall be the amount provided in subsection C of Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation and assessment shall be conducted at a certified assessment agency, the office of a certified assessor or at another location as ordered by the court. The agency or assessor shall, within seventy-two (72) hours from the time the person is evaluated and assessed, submit a written report to the court for the purpose of assisting the court in its final sentencing determination. If such report indicates that the evaluation and assessment shows that the defendant would benefit from a ten-hour or twenty-four-hour alcohol and drug substance abuse course or a treatment program or both, the court shall, as a condition of any sentence imposed, including deferred and suspended sentences, require the person to follow all recommendations identified by the evaluation and assessment and ordered by the court. No person, agency or facility operating an evaluation and assessment program certified by the Department of Mental Health and Substance Abuse Services shall solicit or refer any person evaluated and assessed pursuant to this section for any treatment program or substance abuse service in which such person, agency or facility has a vested interest; however, this provision shall not be construed to prohibit the court from ordering participation in or any person from voluntarily utilizing a treatment program or substance abuse service offered by such person, agency or facility. If a person is sentenced to imprisonment in the custody of the Department of Corrections and the court has received a written evaluation report pursuant to the provisions of this subsection, the report shall be furnished to the Department of Corrections with the judgment and sentence. Any evaluation and assessment report submitted to the court pursuant to the provisions of this subsection shall be handled in a manner which will keep such report confidential from the general public's review. Nothing contained in this subsection shall be construed to prohibit the court from ordering judgment and sentence in the event the defendant fails or refuses to comply with an order of the court to obtain the evaluation and assessment required by this subsection. If the defendant fails or refuses to comply with an order of the court to obtain the evaluation and assessment, the Department of Public Safety shall not reinstate driving privileges until the defendant has complied in full with such order. Nothing contained in this subsection shall be construed to prohibit the court from ordering judgment and sentence and any other sanction authorized by law for failure or refusal to comply with an order of the court.
H. Any person who is found guilty of a violation of the provisions of this section may be required by the court to attend a victims impact panel program, if such a program is offered in the county where the judgment is rendered, and to pay a fee, not less than Fifteen Dollars ($15.00) nor more than Twenty-five Dollars ($25.00) as set by the governing authority of the program and approved by the court, to the program to offset the cost of participation by the defendant, if in the opinion of the court the defendant has the ability to pay such fee.
I. Any person who is found guilty of a felony violation of the provisions of this section may be required to submit to electronic monitoring as authorized and defined by Section 991a of Title 22 of the Oklahoma Statutes.
J. Any person who, within ten (10) years after a previous conviction of a violation of this section or a violation pursuant to the provisions of law of another state prohibiting the offense provided in subsection A of this section or a violation of a municipal ordinance prohibiting the offense provided in subsection A of this section, pleads guilty or nolo contendere or is convicted of a violation of this section shall not be required to undergo the alcohol and drug substance evaluation program required by subsection G of this section. The court shall, as a condition of any sentence imposed, including deferred and suspended sentences, require the person to participate in and successfully complete all recommendations from the evaluation, such as an alcohol and drug substance abuse treatment program pursuant to Section 3-452 of Title 43A of the Oklahoma Statutes.
K. Any person who is found guilty of a violation of the provisions of this section who has been sentenced by the court to perform any type of community service shall not be permitted to pay a fine in lieu of performing the community service.
L. When a person is found guilty of a violation of the provisions of this section, the court shall order, in addition to any other penalty, the defendant to pay a one-hundred-dollar assessment to be deposited in the Drug Abuse Education and Treatment Revolving Fund created in Section 2-503.2 of Title 63 of the Oklahoma Statutes, upon collection.
M.

1. When a person is eighteen (18) years of age or older, and is the driver, operator, or person in physical control of a vehicle, and is convicted of violating any provision of this section while transporting or having in the motor vehicle any child less than eighteen (18) years of age, the fine shall be enhanced to double the amount of the fine imposed for the underlying driving under the influence (DUI) violation which shall be in addition to any other penalties allowed by this section.
2. Nothing in this subsection shall prohibit the prosecution of a person pursuant to Section 852.1 of Title 21 of the Oklahoma Statutes who is in violation of any provision of this section.

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