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Being arrested for driving under the influence (DUI) in Oklahoma can feel like the end of the road—but it doesn’t have to be. Each year, thousands of Oklahomans are charged with DUI, and while not all cases are dismissed, many are reduced or thrown out based on legal errors or weak evidence.

Whether you were pulled over in Tulsa, Oklahoma City, or a rural county, you may have legal options to fight your DUI. This blog will walk you through the top strategies, the most common mistakes to avoid, and what Oklahoma law says about getting a DUI dismissed.

Can a DUI Be Dismissed in Oklahoma?

Yes—but it’s not easy, and it’s not guaranteed.

DUI charges in Oklahoma are taken seriously. Under Oklahoma law (47 O.S. § 11-902), you can be charged with DUI if your blood alcohol concentration (BAC) is .08% or higher, or if you’re impaired by drugs or alcohol, regardless of your BAC.

However, the court must prove beyond a reasonable doubt that the arrest was lawful and the evidence is sound. If the arresting officer made a mistake or violated your rights, your DUI could potentially be dismissed.

Dismissal means the charge is dropped entirely. This is different from a plea reduction, where a DUI might be lowered to a lesser charge like reckless driving.

Top Reasons a DUI Might Get Dismissed

So, how do people actually get DUI cases dismissed in Oklahoma? Here are the most common legal defenses that lead to dismissals:

1. Illegal Traffic Stop

If the officer pulled you over without “reasonable suspicion” (like swerving, speeding, or a broken taillight), then everything that followed—the field sobriety tests, breath tests, and arrest—could be suppressed. If your attorney proves the stop was illegal, the whole case may be dismissed.

2. Faulty Breathalyzer or Blood Test

Breathalyzers must be properly calibrated and maintained under Oklahoma law. A faulty device can give inaccurate BAC readings. Likewise, blood tests must follow a strict chain of custody. Any deviation can cast doubt on your results.

3. Improper Field Sobriety Tests

Field sobriety tests (like the walk-and-turn or one-leg stand) must be administered according to NHTSA standards. If the officer gave unclear instructions or failed to consider medical issues or weather conditions, the results may be invalidated.

4. Violation of Your Rights

Did the officer fail to read your Miranda rights? Were you denied access to an attorney after requesting one? Did they search your vehicle without probable cause? Any constitutional violation can be grounds for dismissal.

Common Search Questions Answered

Let’s address the most frequently Googled questions from people trying to get a DUI dismissed in Oklahoma:

“Can a first-time DUI be dismissed in Oklahoma?”

First-time offenders have a better shot at dismissal, especially if there were no aggravating factors (like an accident, injury, or child in the car). Courts are more open to alternative options like deferred sentences or pre-trial diversion programs. However, dismissal is still not automatic—it requires strong legal defense.

“Is it worth hiring a DUI lawyer?”

Absolutely. Most DUI dismissals don’t happen on their own. A skilled DUI attorney knows how to scrutinize the traffic stop, question the testing procedures, and negotiate with prosecutors. Even if dismissal isn’t possible, an attorney can often get the charges reduced or secure a deferred sentence that avoids jail time.

“How often do DUIs get dismissed?”

It varies. Statewide statistics show that only a small percentage of DUIs are outright dismissed—but many are amended to lesser charges. Dismissals are most likely when:

• The evidence is weak or flawed

• There were procedural violations

• The defendant has no prior record

“What are my chances of getting a DUI dropped to reckless driving?”

Plea bargaining is common in DUI cases. If the prosecution has doubts about the strength of their case—or if your lawyer presents mitigating factors—they may offer to reduce the charge to “wet reckless,” which carries fewer penalties and less stigma.

How to Improve Your Chances of a Dismissal

If you want your DUI dismissed—or at least reduced—you need to be proactive and strategic. Here’s how:

✅ Hire an Experienced DUI Attorney

This is your single most important step. Oklahoma DUI laws are technical, and an attorney can spot legal flaws you might miss. They can also file motions to suppress evidence, challenge test results, and negotiate with prosecutors.

✅ Request a DMV Hearing Immediately

In Oklahoma, you only have 30 days from the date of your arrest to request an administrative hearing with the Department of Public Safety (DPS). This is separate from your criminal case—but it can impact your ability to drive. Missing this deadline may lead to automatic license suspension.

✅ Gather Evidence

Save any dashcam, bodycam, or surveillance footage from nearby businesses. Note down everything you remember about the stop—what the officer said, whether you were read your rights, how tests were administered.

✅ Consider Alcohol Education Programs

Judges and prosecutors often look favorably on defendants who voluntarily enroll in alcohol or drug education classes. Even if the case isn’t dismissed, this can help during sentencing or plea negotiations.

What Not to Do

Too many people hurt their own chances of a dismissal by making avoidable mistakes. Don’t be one of them.

❌ Don’t Assume It’ll Go Away

Ignoring your DUI charge won’t help—it will result in a warrant for your arrest and make your situation worse.

❌ Don’t Talk to Police Without a Lawyer

Anything you say can and will be used against you. Always invoke your right to remain silent and request legal representation.

❌ Don’t Post About Your DUI Online

Social media posts about your DUI arrest—even jokes—can be used by the prosecution. Keep your case private.

❌ Don’t Miss Court or DMV Deadlines

Missing a hearing or failing to request your DMV hearing in time can destroy your chances of fighting the case.

It Depends on the Situation on How You Handle a DUI Dismissal

Getting a DUI dismissed in Oklahoma is difficult—but not impossible. The best chance you have is a combination of swift action, legal representation, and a deep understanding of your rights under state law. Every case is different, and outcomes depend on the facts, the evidence, and the strategy used.

If you’ve been arrested for DUI in Oklahoma, don’t panic. Consult with an experienced attorney as soon as possible. You may be able to avoid a conviction, protect your license, and move forward with your life.

Need Help Fighting a DUI in Oklahoma?

Speak with a qualified DUI lawyer to review your case and discuss your legal options. A consultation could be the first step toward clearing your name.

Get a free consultation by contacting us through this form or calling (405) 607-8757.