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||$1000,00(estimate)||Court Costs||$1000.00(estimate)|
|Other Fees||$960.00 (estimate)||Other Fees||$960.00(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.
EFFECTIVE AT 12:01AM ON 11-1-19, THERE ARE MAJOR CHANGES TO THE LAWS RELATED TO DUI OR APC AND DRIVER’S LICENSES!!
Each of these changes can DIRECTLY affect your case – and LIFE – for YEARS to come! Under these new laws, you have only a few days to evaluate your situation with an attorney, decide your course of action, and proceed. So, read on . . . . ,
The NEW Driver’s License Case
As before the changes, 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. 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 reinstate your license after this revocation, you will be required to get an assessment – and complete any recommendations therefrom – and pay a fee of over $300.
What can you NOW do?
Before, you could request a hearing to be conducted at the DPS to contest any revocation. Win it, and your license would not be revoked. NOW, however, there is NO longer a “hearing” with the Department of Public Safety (“DPS”) to contest a driver’s license revocation. The only due process you have is to literally SUE the DPS, but we are getting ahead of ourselves. (See below). If you do not wish to just let this happen (and all the problems it causes to your life), you have TWO (2) choices to avoid a revocation of your license:
1. The DPS’s new “IDAP” program – For arrests on or after 11-1-19, the law relating to driver’s licenses & DUI/APC changes significantly & each of these directly affects your case and life. This new program is the Impaired Driver Accountability Program or “IDAP”. This is an attempt to get you to waive your rights to confront or fight this license matter. You received a form encouraging you to sign up for this WITHIN 30 DAYS of your arrest with the promise that, if you will put a breath machine on all cars you drive (at $40-$60 a month each) for 6 months to 3 years (depending on your record), pay $200 to the DPS, and basically complete the same requirements as license revocation reinstatement, your license will not be revoked and NO evidence of this DUI will go on your public driving record
THIS IS INCORRECT!!
Here’s how: Though while it IS certainly correct that your license will not be revoked and not put on your public driving record if you sign up for, and complete, this IDAP, one of the requirements of this program is that your license will be changed to a RESTRICTED license which costs another $50. The restriction of the breath machine requirement on any car you are driving will be indicated on your plastic driver’s license. AND, most important to know is that it will be put on your PUBLIC DRIVING RECORD, too. Anyone who sees your driving record – employers, insurance companies, etc – will see that you had some restriction put on your license for 6 months to 3 years. How long do you think it will take for them to discover WHAT that restriction was for? A minute? Then, anyone who looks at your record will KNOW that you had an interlock (ignition breath machine) required to be put on your car. And, who is the ONLY person who EVER has to put one of these on his car? A person arrested for DUI or APC. Further, in total, the costs to you for this program – and the requirements related to it – are almost the same as if your license was revoked for the DUI/APC, you got a work permit, and you reinstated your license. Therefore, participation in this program, DOES NOT, as you might be promised, prevent evidence of your DUI/APC being found on your driving record with ALL the negatives that go along with that!! So . . . , DO NOT SIGN UP FOR THIS PROGRAM UNTIL YOU HAVE TALKED TO ME!!
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!
2. District Court Appeal – Under this new law, there are no more hearings at the DPS. You must file an appeal in District Court WITHIN 30 DAYS of your arrest to receive any due process before the DPS revokes your license. It is the ONLY way to fight all this now. If you do NOT want: – The machine on your car (& pay $500 or more for it) for at least 6 months; – Pay $250 for the privilege to do the above; – Get an assessment (which costs $175) and go to meetings; – And, STILL have evidence of the DUI on your driving record; you have to file this appeal and FIGHT the license revocation and ALL that goes with it. This is something that I have done for literally 1,000’s clients for the past almost 30 years. And, I am very good at it.
It is critical to contact an experienced Oklahoma DUI defense attorney at once to protect your rights. If you’ve been accused of Oklahoma DUI, it is imperative that you contact an Oklahoma drunk driving defense lawyer at once. Call me at 405-232-3388,
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 if your”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.