The combination of drinking alcohol or using drugs and then driving in Oklahoma is known as Driving Under the Influence (DUI). Convictions for DUI can range from license suspension to jail or prison, depending on the factors, history of the accused, and other circumstances. If you or someone you love has been charged, it is never too early to seek representation from a qualified Tulsa DUI lawyer.
There are varying levels of penalties and charges for DUI in Oklahoma. There are three different categories of drunk driving in Oklahoma: Driving Under the Influence of alcohol and/or drugs (DUI), Driving While Impaired (DWI), and/or Actual Physical Control (APC).
What’s the difference between DUI, DWI, and APC in Oklahoma?
If your BAC is greater than .05 but lower than .08, you will likely be charged with DWI. An Oklahoma DWI usually garners a lesser punishment than does a DUI or APC. If your BAC is .08 or more, and/or your driving ability has been legally impaired by the use of alcohol and/or drugs, you will likely be charged with an Oklahoma DUI. The main difference between APC and DUI is that a DUI requires operation of the vehicle, whereas APC only requires that the vehicle could be driven.
If you are in a vehicle, and have the ability and potential to drive, you can be arrested if you are found to be impaired. (Actual Physical Control)
An Oklahoma DWI will bring a loss of your driver’s license for 30 days, a fine of from $100 to $500, and up to six months in jail.
An Oklahoma DUI brings a loss of license from 6 months up to three years depending on the number of previous chemical test failures, fines from $500 to $1,250, 10 days to one year in jail, attendance at a victim’s impact panel, and mandatory alcohol and/or drug assessment + follow the recommendations, which lead to enrollment in a substance abuse program.
If you’ve been charged with an APC, the consequences to your driver’s license and the DUI penalties are basically the same as they are for a DUI. Oklahoma has zero tolerance for underage drinking. You will be charged with DUI if you have a BAC of .02 and are under the age of 21. Underage drinking penalties include a loss of license for 6 months, a fine from $100 to $500, community service, enrollment in a substance abuse program, or any combination of these.
Drivers who have a commercial driver’s license (CDL) must be very careful, because they can be convicted of an Oklahoma DUI with a BAC of .04 while operating any vehicle.
I have been a criminal defense attorney for 40+ years. Before being admitted to practice, I was an intern with the Public Defender, so defending persons accused of crimes is in my DNA. My record speaks for itself, but I think my care and compassion for my clients, regardless of the charges, is something that drives me to work as diligently as I can to achieve the best results.