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A DUI in Oklahoma has severe consequences. Depending on the jurisdiction, a person charged with a first time DUI could face up to 1 year in the county jail and a $1,000 fine. Additionally, their license could be revoked and driving privileges affected for up to two (2) years for a first time offense.
Attorney Sabah Khalaf served as a prosecutor in Tulsa County and has handled over 1000 DUI’s. If faced with a DUI, you need an attorney who knows both sides of the legal system and who will diligently represent you against the government.
What is a DUI?
In Oklahoma, a DUI is the operation of a motor vehicle by a person who is under the influence of intoxicants. Alcohol and drugs (even drugs prescribed to you from your physician) are the typical forms of intoxicants people use that result in a DUI.
A person is considered to be Driving Under the Influence of Alcohol if he or she is driving a motor vehicle with a blood alcohol content (BAC) of .08 or higher. Many of us have a couple of beers or drinks and get behind the wheel. We believe we are fine, but in reality could be over the DUI legal limit of .08. A persons BAC is determined by the Intoxilyzer 5000/8000 (what most people call a breathalyzer) or from a blood sample.
Many Oklahomans are not aware that a person could get a DUI for taking their own prescription medication before driving. The strict DUI laws in Oklahoma do not give any leniency for people who get behind the wheel after taking their prescription medication. A person may also be considered DUI if they have ingested drugs prior to driving. Common drugs people ingest before driving that lead to a DUI include: Marijuana, Molly, Xanax, Lortab, Zanaflex, muscle relaxers, Oxycodone, Cocaine and many others.Additionally, a person driving in Oklahoma can get a DUI if they have any trace of any Schedule I drug in their system (marijuana included).
What is an APC?
APC is an acronym for Actual Physical Control of a Vehicle while Under the Influence of an Intoxicant. APC occurs under the same circumstances as a DUI, but the person is not actually driving. For example, if you were intoxicated and passed out in your car, you could be arrested for APC. APC carries the same exact penalties as a DUI.
What Happens to My Driver’s License if I Get a DUI or an APC?
It Depends. The first thing you need to know is that a DUI carries two separate punishments.
- Criminal Sanction – A first time DUI carries up to 1 year in a county jail and up to a $1,000 fine. Plea bargains typically include probation, community service, supervision, fines and court costs.
- Administrative Sanction – If you are arrested for DUI, the Department of Public Safety (the agency in charge of your driver’s license) is notified of your arrest and your license is subject to a 6 month revocation. The revocation begins 30 days after you are released from jail. However, you can request an administrative hearing (typically done by your attorney) that will keep your license valid until you have your administrative hearing. IMPORTANT – YOU ONLY HAVE 15 DAYS FROM THE DATE OF THE ARREST TO REQUEST A HEARING!!!!
- In addition to a 6 month revocation period, you may be subject to a mandatory 18 month modification period (have an interlock device installed in your vehicle) if you have a BAC of .15 or greater or if you refuse to blow.
What is a DWI?
In Oklahoma, DWI is Driving While Impaired. It occurs when a person is driving a motor vehicle with a blood alcohol concentrate of .05 – .07. The punishment for a DWI is up to 6 months in the county jail and a $500 fine. Additionally, your license is subject to a 6 month revocation.
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