The Criminal Court Case – Oklahoma has 3 basic alcohol related offenses:
DUI – is charged against drivers – you when you are stopped while driving and are under the influence of alcohol and/or drugs OR you have a breath/blood test result of .08% BAC or higher, OR if you REFUSE the test. Punishment depends 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 of an Aggravated DUI, you can face all these same penalties a regular DUI, but you will ALSO be required to be supervised for one (1) year with periodic testing (i.e., urinalysis, etc.), 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 twenty (20) years in jail. 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 Punishments for DUI / APC.
APC – 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 drivers license problems as a DUI! Read a note of success that Sifers Law Firm has had on these types of cases.
A cruel “twist about DUI or APC is that, if convicted of these charges, your drivers 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.
|Misdemeanor DUI or APC||Felony DUI or APC – depending on prior record(s)|
|Jail Time||10 days to 1 year||Jail Time||1 to 20 years|
|Fine||Up to $1,200.00||Fine||Up to $5,000|
|Probation Fees||$40.00 monthly|| Probation
|Court Costs||$850.00 (estimate)||Court Costs||$850.00(estimate)|
|Other Fees||$480.00 (estimate)||Other Fees||$480.00(estimate)|
A One (1) year periodic drugtesting;
The completion of 480 hours of community service; and,
- The installation of an ignition interlock on the persons car for no less than 30 days. Remember: these punishments are in ADDITION to the jail and fines that the regular charge carries!
DEFERRED SENTENCES AND PROBATION
Probation is often an outcome in a criminal case. Many people have heard of a “deferred sentence”. This is where the person is put on probation for a period of time (up to 10 years – but that is rare) and the criminal case is DISMISSED at the end of that probationary period. During this probation, you will have to pay probation fees and, usually, you will have to attend some form of “treatment to be successful on probation. This is a good conclusion as you are NOT convicted of the charge. However, a deferred sentence has some negatives too. For instance:
- During the probation, the case is still visible on the internet records.
- If the case is a felony, you are treated as a convicted felon throughout the probation period.
- And, IMPORTANTLY, even if you have the case DISMISSED at the end of the deferred sentence, it will be used to enhance any NEW DUI or APC case to a FELONY within 10 years of the deferred sentence!!
Dont trust your life to just any lawyer, hire a lawyer that is experienced in handling Oklahoma DUI cases.
The Drivers License Case
NOTE: IF YOUVE BEEN ARRESTED FOR OKLAHOMA DUI, APC, OR DWI, YOU HAVE ONLY 15 DAYS TO REQUEST A HEARING. FAILURE TO DO SO WILL RESULT IN THE AUTOMATIC SUSPENSION OF YOUR DRIVING PRIVILEGES BEGINNING 30 DAYS AFTER THE DUI ARREST. This hearing has nothing to do with the Oklahoma Criminal court case.
The Department of Public Safety (DPS) will revoke YOUR license for a six (6) month to three (3) year period of time (depending on your prior record) for failing the test with a score of .08% OR higher BAC (breath/blood alcohol concentration), OR .02% BAC or more if you are under 21 years old. Refusal of a test revokes the license for the same period of time as a test failure, as does a CONVICTION of a DUI or APC. To reinstate your license, you will be required to get an assessment and pay a fee of over $300. PLUS, you could be required to have an interlock (a breath machine which about $50 a month) on your car for an additional 18 months to five years (depending upon your prior record and/or whether you refused the test or “scored .15% or higher on the test) AFTER the revocation of your license expires! In addition, if you have a CDL and refuse a test, you will be disqualified for one (1) year, no matter WHAT vehicle you are driving at arrest. Any driving you do during the time YOUR license is revoked, can result in additional criminal charges AND additional periods of license revocation! Also, the Attorneys for the DPS of Oklahoma have already begun the DRIVER’S LICENSE CASE against YOU before most Criminal Court appearances even begin! To STOP the government from doing this to you, you MUST request a hearing with the DPS within 15 days of your arrest and the WIN that hearing!!
A drivers license is usually the only picture identification people carry that allows them to cash checks or get on an airplane, etc. An arrest for DUI or APC WILL cause YOU to lose YOUR Driver’s License. Most times, this loss will cause greater overall harm in life than paying any fine or court cost.
How can you stop this license revocation?
A hearing must be requested from the DPS within 15 days of your arrest. The hearing must then be WON to avoid the loss of YOUR driver’s license. If you do not request, or have your Attorney request the hearing, the revocation of YOUR license will go into effect thirty (30) days after your arrest. If your case is not addressed in this manner, and within this 15 day period, there is NOTHING that can be done to avoid the loss of YOUR driver’s license!
If your license is revoked for this arrest, your driving record will show it, NO MATTER WHAT HAPPENS IN COURT. In other words, even if your criminal case is later DISMISSED against you OR if your are found NOT GUILTY, your license is revoked and it is still on your record! This will have the same effect on insurance rates and, possibly upon employment, as though you had been convicted of the crime in court.
REMEMBER: Any alcohol related entry that goes onto your driving record is NEVER removed! It is a myth that your driving record is “erased” after some period of time. Entries that are more than three (3) years old are not printed off on the driving record that you might get from the DPS or a tag agency. However, those older records are STILL there for Police and most government agencies to see!
This Hearing Request has nothing to do with the court date.
While it may be possible to obtain a work permit in certain circumstances, it is critical to contact an experienced Oklahoma DUI defense attorney at once to protect your rights.
If youve been accused of Oklahoma DUI, it is imperative that you contact an Oklahoma drunk driving defense lawyer at once.
While you can likely get one, they are expensive and quite a hassle”. If you have a Commercial Driver’s License CDL (Class A, B, or C), you should know that Work Permits can NO LONGER be obtained for ANYTHING but Class D licenses. In other words, you CAN NOT obtain a “work permit for a CDL, even ifyour“work”is to drive a vehicle that requires that type of license! Also, to qualify for the permit you must pay a $175 fee and, believe it or not, you must install an “interlock” (breath test machine) which you must blow into and pass before the ignition will work on any car you drive for the entire time your license is revoked. This machine will cost about $50 a month. Plus, the revocation, along with the fact that you got a work permit during that time, will still be on your record FOREVER!
If you are interested in obtaining a Work Permit drivers license, please contact our office. But, we should try to fight the DPS to avoid this revocation FIRST!
A BIT MORE ON THE EFFECT(S) OF A DUI/APC ON COMMERCIAL DRIVERS (CDLS”)
If you drive for a living, an arrest for DUI or APC is even more difficult. Any person with a commercial license (class A, B, or C) who is convicted” of the criminal charge of DUI faces disqualification of their CDL and no work permit is available!! A DUI/APC “conviction is defined DIFFERENTLY for a CDL holder. He is convicted if he pleas GUILTY or NO CONTEST, OR pays ANY fines, fees, or costs! In other words, anything short of an acquittal is a CONVICTION. Even a “deferred sentence” (which results in a dismissal) would be a conviction!! If your lawyer does NOT know how to protect you in this situation, your life can be RUINED. Considering ALL of the above, it is more than OBVIOUS that the attorney you hire MUST be KNOWLEDGEABLE and EXPERIENCED in ALL of these areas to be able to provide you with ALL possible defenses OR . . . it is YOU that will suffer.