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 levels.

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.

DUI

Is 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 charge called "AGGRAVATED DUI" 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 of meetings, 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.

Is charged 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!!

DWI

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

(405) 232-3384

(888) OKLA-DUI

(888) 655-2384

E-Mail