The first legal case or problem your
arrest has produced is a criminal case. DUI or
APC are crimes that are prosecuted in ALL courts in the State
of Oklahoma, whether at the Municipal Court OR District/State Court
There are three (3) basic alcohol
related charges that you could face as a result of a DUI/APC arrest:
DUI; APC; and/or DWI.
charged against drivers like
you when they are stopped while driving and are under the influence of
alcohol as defined under Oklahoma DUI law. This means that a
person must have either a breath, or blood alcohol amount greater
than 0.08% and/or the presence of impairing drugs. A DUI can
also be charged against you even when you refuse a breath or blood
test. The law provides for punishment Punishment
upon WHERE the case is filed. It can range from a fine only in some
of the Municipal Courts of smaller cities or towns. In the Oklahoma
City OR Tulsa Municipal Court(s), the fine can be up to
$1,200.00 and/or jail up to six (6) months. In the District Court(s)
of Oklahoma, the fine can be up to $1,000 and the jail sentence can
be up to one (1) year. And, if the breath/blood test is
.15% BAC or higher , a
can be filed against you! Upon a conviction, you can face all these
same penalties, but you will ALSO be required to complete with one (1) year
480 hours of community service, and install a interlock on all
vehicles. This can happen EVEN for a first
offense!! Persons with prior convictions of DUI or APC can face
fines up to $5,000.00 & jail sentences up to ten (10) years. They,
also can face the same mandatory requirements of the interlock,
in-patient treatment/aftercare, community service, and EVEN
forfeiture of their vehicles!
Click here for crimes & punishments.
against you when you are in a vehicle
and under the influence, like in DUI.
Breath or blood test
are requested of the person who is arrested for this
charge, just like in a DUI. However, in these cases, you are NOT
driving, but parked or sitting still on a street or parking lot but,
COULD drive if you wanted to do so. This crime is,
effectively, the SAME THING as DUI!! It carries ALL OF
THE same punishments and driver’s license problems as a DUI!
A cruel "twist" about DUI or APC
is that, if convicted of these charges, your driver's license is
revoked for the SAME periods of time at indicated below. In other
words, if you "save" your license through the hearing referenced
below, being convicted of either of these crimes will "wash away"
that victory and you will be revoked ANYWAY!!
This crime is
Driving While Impaired, NOT Driving While Intoxicated.
This is charged against the driver who has an alcohol level of
greater than .05% but less that .08% BAC, and carries
lesser punishments in most courts than DUI/APC. The punishments are
generally about one-half that of DUI or APC. License revocation DOES
NOT occur with a test result of below .08% BAC. Therefore, an arrest
for DWI will NOT trigger the license problems of a DUI or APC.
However, DWI can revoke your license, though, for thirty (30) days
BUT ONLY if you are is convicted of the charge.
Oklahoma DUI Lawyer
C. Jeffrey Sifers
Court Plaza Building, Suite 950
228 Robert S. Kerr
Oklahoma City, OK 73102