Oklahoma DUI LAW

 If you've been arrested for DUI, Oklahoma APC, DWI or other alcohol related offense in Oklahoma, you have only 15 DAYS from the date of arrest to request a hearing with the Department of Public Safety. Please contact a skilled Oklahoma DUI defense attorney at once to protect your rights. Retaining a DUI attorney will dramatically increase the chances of saving your license. Let one of the qualified DUI LAWS attorneys find a solution to your legal problem if you, or someone you care about, has been arrested for DUI or DWI. Contact an Oklahoma DUI LAWS lawyer near you for a free consultation by calling 1.800.DUI.LAWS.

Oklahoma DUI arrests trigger two separate cases: First, there is the Oklahoma DUI criminal case, where a variety of criminal punishments can be imposed by the court. These DUI punishments may include fines, jail, mandatory alcohol education, ignition interlock devices ordered, and more. However, every Oklahoma DUI arrest also gives rise to a separate civil action against that person's Oklahoma driving privileges. NOTE: IT IS URGENT THAT YOU CONTACT AN EXPERIENCED OKLAHOMA DUI DEFENSE ATTORNEY AT ONCE TO PROTECT YOUR DRIVER'S LICENSE IF YOU'VE BEEN CHARGED WITH A DRUNK DRIVING RELATED OFFENSE IN OKLAHOMA.

The Department of Public Safety (DPS) is trying to take away your driver's license. Oklahoma DUI cases therefore have two separate components, and each must be addressed separately. A qualified Oklahoma DUI defense lawyer will know how to protect you in both areas of the law.

Criminal Court

There are three basic alcohol related offenses:

 DUI - Oklahoma DUI charges may be filed on either of two theories. First, Oklahoma DUI will be filed if someone is driving while under the influence of alcohol and/or drugs. The consideration of whether or not someone is "under the influence" for purposes of Oklahoma DUI laws relates to whether or not the person's driving abilities have been legally impaired by the consumption of alcohol and/or drugs.

Oklahoma DUI charges can also be brought against someone based purely on body chemistry, no matter how well they are driving. Oklahoma, like many other states, has a "per se" law, which means that it is a violation of Oklahoma DUI law to drive with a blood or breath alcohol level of .08% BAC or more.

Under the first theory of Oklahoma DUI prosecution, the focus is on the condition of the driver, and whether or not they are able to drive with the caution characteristic of a sober person. Under the second theory of Oklahoma DUI prosecution, the focus is not on the driver, but only on the driver’s body chemistry.

Oklahoma DUI punishment and penalties for a first-offense DUI can include a fine, a jail sentence that can reach up to one year, the possibility of mandatory in patient treatment (if the breath test is .15% BAC or higher), 480 hours of community service, and ignition interlock on all vehicles.

Oklahoma DUI punishment for people with prior drunk driving convictions will increase substantially, both in terms of the court case and the driver’s license consequences from the DPS. It is not unheard of for Oklahoma DUI convictions to include fines of up to $5,000.00 and jail terms of up to 10 years, plus all of the other Oklahoma DUI consequences outlined above. It is possible to suffer a vehicle forfeiture because of an Oklahoma DUI conviction. Counsel with an experienced Oklahoma drunk driving defense attorney is critical, especially if someone accused of DUI in Oklahoma has prior DUI, DWI, or drunk driving convictions.

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 APC - Related to Oklahoma DUI is the charge of Oklahoma APC. Oklahoma APC means being in Actual Physical Control of a vehicle while they are under the influence of alcohol and/or drugs. However, Oklahoma APC charges are different than Oklahoma DUI charges, in that the crime of APC does not require that the vehicle be driven. Oklahoma APC only requires that the car could be driven. Oklahoma APC charges are typically brought where someone is parked while under the influence of alcohol, and could drive if he or she wanted to.

 NOTE: OKLAHOMA DUI LAW DECLARES THAT A CHARGE OF APC IS, FOR ALL INTENTS AND PURPOSES, AN IDENTICAL CRIME TO AN OKLAHOMA DUI. IT CARRIES THE SAME PUNISHMENTS AND PENALTIES AS OUTLINED ABOVE. A QUALIFIED OKLAHOMA DUI DEFENSE ATTORNEY CAN EXPLAIN SUBTELTIES OF THE TWO.

 DWI - Oklahoma DWI refers to the charge of Driving While Impaired by alcohol, NOT Driving While Intoxicated. Oklahoma DWI is charged against the driver who has an alcohol level below .08% BAC. Oklahoma DWI charges carry lesser punishment than Oklahoma DUI charges. However, if you or someone you care about is charged with Oklahoma DWI, consultation with an experienced Oklahoma drunk driving defense lawyer is still advisable, as the consequences are potentially severe.

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Driver's License Case

 NOTE: IF YOU'VE 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 COMMENCING 30 DAYS AFTER THE DUI ARREST. CONSULT A QUALIFIED DUI ATTORNEY FOR IMMEDIATE ASSISTANCE.

Oklahoma DUI arrests (and Oklahoma APC arrests) trigger both a criminal court case and a driver’s license case. When someone is arrested for a DUI or APC in Oklahoma, a breath or blood test is offered. The Department of Public Safety (DPS) will revoke the driver’s license from six (6) months to three (3) years (depending on the person’s prior record) if you refuse OR fail this test. A test result of a breath/blood alcohol concentration (BAC) of .08% BAC or more (.02% BAC or more if under 21 years old) is considered to be a failure of the test. Any driving during this revocation period will result in additional charges of driving on a suspended license.

The only way to stop the suspension of your Oklahoma driving privileges is to request the DPS Hearing within 15 days of arrest. 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 you’ve been accused of drunk driving, it is imperative that you contact an Oklahoma DUI defense lawyer for a FREE case evaluation.