If you have been charged with a DUI in Rogers County, you probably have a lot of questions about what happens next and how this will affect your life. While the outcome of your case can differ depending on exactly what happened, which prosecutor and judge are assigned to your case, and who your lawyer is, there are some things that will always stay the same with a DUI. Assuming you choose to plead to your charge, here are your options and what your probation in Rogers County will probably look like (which might be different from probation in other counties).
Types of Probation: Common DUI Plea Offers
Full disclosure: We can’t guarantee you will receive any specific plea deal, as it is up to the prosecutor. However, we can provide some guidelines on what plea deals normally look like with DUIs in Rogers County, which will help you determine if a deal is a good fit for you.
Your criminal history, as well as the severity of your DUI, impacts the length and type of probation you will receive. If you do not have any criminal history, you will most likely be offered an 18-month deferred sentence. A deferral is a form of probation that ends in an automatic partial expungement if you successfully complete the requirements of your probation. Probation requirements for DUIs always include classes. If you take these classes prior to plea, Rogers County will often shorten your probation period from an 18-month to 12-month deferred sentence.
If you have a criminal history, but do not have a prior DUI, you will most likely be offered a 12-month suspended sentence. A suspended sentence is also a form of probation, but it does not end in an automatic partial expungement.
If you have had a prior DUI within the last 10 years, your case will be filed as a felony DUI. A felony DUI has a much larger sentencing range, and your probation term can vary greatly. For that reason, it is hard to predict what your probation will look like without actually receiving an offer from a prosecutor.
If you have had a prior DUI, but it was over 10 years ago, your case will be filed as a misdemeanor DUI and you will most likely be offered a 12-month suspended sentence. If you have had multiple prior DUIs before that 10-year threshold, the prosecutor may request a small amount of jail time, but that is unlikely.
Regardless of the type of probation you receive, some requirements are standard inclusions in all sentences. Here’s what you need to be prepared for.
Standard Probation Requirements for DUIs
Drug and Alcohol Assessment
Any DUI plea offer will include a drug and alcohol assessment. You will be paired with a certified assessor, who will ask you a series of questions regarding your use of both legal and illegal substances. Based on your answers, the assessor will make personalized recommendations to help you avoid abusing these substances. These recommendations are different for everyone, and could be as simple as an AA meeting or as intensive as rehab. Any recommendations made during your drug and alcohol assessment are required as part of your probation.
Victims Impact Panel
Any Rogers County plea offer will certainly require your participation in a victims impact panel (which is exactly what it sounds like). Some counties allow you to attend an online panel, but Rogers County does not—you must attend an in-person, court-approved victims impact panel.
ADSAC
Your plea deal will also include an Alcohol and Drug Substance Abuse Course (ADSAC). Depending on your individual case, you will either be required to complete a 10-hour or 24-hour ADSAC within 6 months of obtaining your drug and alcohol assessment.
Urine Analysis/DA Check-in
In addition to the previous DUI class requirements, you will be required to check in with the DA supervision office, as well as take urine analysis (UA) tests. This is somewhat unique to Rogers County, and not all counties require you to take a monthly UA test. In Rogers County, you are assigned a color when you receive probation. Each day, a different color is called and those with that probation color must take a UA on that day to stay in compliance; if you fail to do so, you will be in violation of your probation. Clearly, taking same-day UAs can be problematic if you have an inflexible schedule, such as a job where you travel throughout the state.
If you live out of town and are unable to complete UAs in Rogers County, you still have to participate in testing and will likely have to mail in hair follicles.
Additionally, many legal substances are prohibited while on probation. This includes medical marijuana and alcohol. Typically, if you receive a prescription from your primary care doctor, rather than a medical marijuana doctor, the courts will make an exception, but that isn’t always the case.
While on probation, you will also be required to check-in with DA probation. The check-in frequency will differ depending on what type of case you have, and how compliant you have been while on probation.
Community Service
Almost every plea in Rogers County includes a requirement for community service. The amount of community service hours varies greatly between cases, and is dependent on your criminal history, how quickly you plead, and the facts of your case. You do NOT get to choose where you do your community service—it is handled through the Rogers County work program and the DA supervision office sets it up for you.
There are many types of community service, and the county will accommodate injuries or medical needs. For example, if you can’t do heavy physical labor, they will most likely place you at a clothing donation center sorting clothes, rather than cleaning county property.
In addition to dedicating your time to community service, you also have to pay a community service fine until it is completed. This fine is around $35 per month. This means if you finish all of your community service in the first month, you only have to pay it once. Conversely, if it takes you 10 months to complete your community service, you will pay a total of $350 in fees.
Fines and Fees
Every criminal plea comes with fines and fees. In Rogers County, most misdemeanor cases come with a $250 fine and $125 victims compensation fund fine. This victims compensation fund fine is included in every case, regardless of whether the case had a victim or not.
In addition to these fines, you will have to pay the court fees. This amount is set by the court clerk, and is dependent on your type of case, and how long your case has been pending. You will also have to pay a DA supervision fee. This is around $50 per month, and it pays for DA supervision to monitor your progress on probation and make continuous checks on your criminal record.
New Criminal Charges
In addition to all of these requirements, you cannot get any new charges while on probation. The definition of “criminal charges” is very broad when you are on probation. Even a traffic ticket is considered a violation of probation. While most DA supervision offices will not actually penalize you for a traffic ticket, they do have the ability to do so.
Breathalyzer
A breathalyzer is typically only a plea requirement if you are charged with aggravated DUI in Rogers County. A charge is escalated from a regular to an aggravated DUI if you have a blood alcohol content (BAC) of .15 or higher. The only additional requirement for an aggravated DUI while on probation is that you must install a breathalyzer on your car.
The Bottom Line
If you have been charged with a DUI in Rogers County, your probation will include a lot of requirements. It can be hard to keep track of every class, payment, and probation requirement, so it is important to find an attorney who can break down everything you need to do. If you have been charged with a DUI in Rogers County, contact us for a free consultation on your case.