What is DUI?
Driving Under the Influence is driving with a Blood Alcohol Concentration (BAC) of .08 or more.
47 O.S. §11-
902 Persons Under the Influence of Alcohol or Other Intoxicating Substance or Combination Thereof
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First Offense, as a misdemeanor, is punishable from 10 days to 1 year in jail and up to a $1000 fine; Driver license revoked for 6 months (may be eligible for modification);
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Second Offense, within 10 years which can be charged as a felony, is punishable from 1 year to 5 years and a $2500 fine; Driver license revoked for 1 year (may be eligible for modification);
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Third offense, as a felony, is punishable from 1 year to 7 years in jail and up to a $5000 fine; Driver license revoked for 3 years (may be eligible for modification).
What is APC?
Actual Physical Control is having control of a motor vehicle with a BAC of .08 or more.
APC operates just like a DUI except the arrested person is not driving when arrested. The same statute applies: 47 O.S. §11-
902 Persons Under the Influence of Alcohol or Other Intoxicating Substance or Combination Thereof
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First Offense, as a misdemeanor, is punishable from 10 days to 1 year in jail and up to a $1000 fine; Driver license revoked for 6 months (may be eligible for modification);
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Second Offense, within 10 years which can be charged as a felony, is punishable from 1 year to 5 years and a $2500 fine; Driver license revoked for 1 year (may be eligible for modification);
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Third offense, as a felony, is punishable from 1 year to 7 years in jail and up to a $5000 fine; Driver license revoked for 3 years (may be eligible for modification).
What is DWI?
Driving While Impaired is driving with a BAC of .06 to .07.
47 O.S. §761 Operation of Motor Vehicle While Impaired
If I just get charged in the City, can't I just pay my ticket and be done?
No. Because you will be taking a conviction, and that conviction will revoke your driver's license and may be used to enhance any future DUI charge to a felony.
I have a CDL, can you help me?
Yes. An attorney is an especially good idea if you have a CDL. No one can guarantee you an outcome, but if the CDL is important to you, you should be represented by counsel.
Will I have to have that breath machine in my car?
Not necessarily. It depends on the facts of your case, including your driving record. I do not recommend accepting the interlock without fully researching your case, because it is accepting the revocation of your license and will go on your record.
Should I sign up for a DUI School now?
Wait. If a DUI School is required, you will not know which one to enroll in until after you have an Assessment.
Can I represent myself?
Yes. You can "do it yourself," but your time may be more efficiently spent earning and paying a professional for more trained representation.
The officer did not perform any road side sobriety tests!
The officer is not required to have you submit to Standardized Field Sobriaty Tests (SFST) to be arrested for DUI, APC, or DWI.
I took all those roadside tests and passed them, and the officer still arrested me!
Those tests are not pass/fail; and SFSTs are for the benefit of the officer, not the arrestee.
I blew into a machine at the scene and the officer asked me to blow into another machine at the station!
Any roadside breath tests are not official and only used as evidence to arrest. Only tests given on machines at the jail or police station are valid results for admission of your BAC (Blood or Breath Alcohol Concentration).
I was arrested and only tested a .08, isn't that a passing score?
No, the law states a .08 or higher is illegal to operate a motor vehicle.
If I refuse to take any tests, how can DPS still take my driver's license?
Oklahoma law presumes guilt if you refuse. That presumption works because driving is a privilege, not a right, so your constitution protectors do not apply.
I took a blood test and the officer let me keep my driver's license, does that mean I passed?
No. When blood is taken, it is sent to a lab to be analyzed. It may take a couple of months before a result is obtained and you will NOT receive that result. Your court date is still active and your driver's license is still at risk!
Why do I only have 15 days to request a hearing, when the paper license the officer gave me is good for 30 days?
Because that's the rule. (47 O.S. §754)
Why did I get arrested for DUI for taking my prescription medication?
Because you can be arrested and charged for DUI for impairment caused by drugs; either legal or illegal. A prescription is not a defense. Recall, drinking is not illegal for those over 21, but if you are impaired or over .08 it becomes illegal to drive.
How much will my DUI cost me?
It depends. There is not one answer for every first time DUI, and of course, the "price" will increase for each additional DUI. It sometimes costs people their jobs or personal relationships. Monetarily, the statutory fines are listed above; usually with representation those fines are less. Court costs are always imposed, whether an attorney is present or not, and differ from court to court.
I don't think I can afford an attorney, what should I do?
For County Court charges, you can apply for a Public Defender. If you do not qualify for a Public Defender you should meet with some attorneys and find out what they would charge to represent you. Sometimes it's more affordable than you first imagine.
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