DRIVING UNDER THE INFLUENCE (“DUI”)
Driving Under the Influence (“DUI”) can carry serious jail or prison time. You can also lose your driver’s license if you don’t act within a certain time after being arrested. If you were arrested for DUI, Actual Physical Control (“APC”) or Driving While Impaired (“DWI”) then you need to contact me immediately. Time is of the essence to try and save your driver’s license.
I will make sure your rights are protected from overzealous prosecutors and law enforcement. Let my experience guide you and inform you of the best way to proceed. I will fight to make sure that you are treated fairly in court and given a chance to tell your side of the story.
With the possibility of prison time, you need an experienced lawyer to stand by your side and fight for you.
What is DUI, APC & DWI?
DUI stands for “Driving Under the Influence.” DUI occurs when a person is driving a motor vehicle and has a breath or blood test reading of 0.08 or higher. DUI also occurs when a person is driving a motor vehicle while under the influence of alcohol, drugs or any other intoxicating substance which may render the person incapable of safely driving a motor vehicle.
APC stands for “Actual Physical Control.” In Oklahoma, APC is treated the exact same as a DUI. The punishment for APC is also the exact same as it is for DUI.
DWI stands for “Driving While Impaired.” DWI occurs when a person is driving a motor vehicle in an unsafe manner or violates a traffic law and the person has a breath or blood test reading of 0.06 or 0.07.
Potential Punishments for DUI, APC & DWI Charges
DUI/APC can be a misdemeanor of a felony depending on whether you have any prior DUI convictions. The range of punishment for a first offense DUI/APC is from 10 days up to 1 year in the county jail and/or a fine up to $1,000. A second or subsequent DUI/APC offense can be a felony. The range of punishment for a second offense DUI/APC is from 1 year up to 5 years in prison and/or a fine up to $5,000. The range of punishment for a third offense DUI/APC is from 1 year up to 10 years in prison and/or a fine up to $5,000. The range of punishment for a fourth or subsequent DUI/APC is from 1 year up to 20 years in prison and/or a fine up to $5,000.
DWI is a misdemeanor in Oklahoma. The range of punishment for DWI is up to 6 months in the county jail and/or a fine from $100 up to $500.
The range of punishment for any DUI, APC or DWI will almost always also require the person to attend a Victim Impact Panel, DUI School and obtain a Substance Abuse Assessment. You may also be required to attend AA meetings, seek outpatient substance abuse counseling, seek inpatient treatment, perform community service and/or install an interlock device on your vehicle.
If you have children present in the vehicle, or your breath or blood test results are 0.15 or higher and/or you have prior felony convictions then your range of punishment can increase significantly from what is listed above. Call today to schedule a free consultation and I can better explain the range of punishment you may be facing and any defenses you may have.
Possible Defenses to DUI, APC & DWI Charges
There are many different defenses when you are charged with a DUI. I will challenge the officer and make sure that your rights were not violated. I will make sure that the officer had a legal basis for stopping your vehicle, that the officer had a legal basis for arresting you, that the officer properly advised you of your rights before taking a breath or blood test, and that the breath or blood test was conducted properly. These are just some of the possible defenses you may have to a DUI arrest.
If you have been charged with a DUI, APC or DWI call now to schedule a free consultation. I will work hard to find all or your possible defenses to try and get your charges reduced or even dismissed. If a trial is your best option I will passionately argue your case to the jury. If pleading guilty is your best option I will negotiate the best plea deal with the prosecutor.