Oklahoma DUI Laws Create a Need for Legal Defense For Citizens and Immigrants

If you find yourself in Oklahoma, best thing to do is to steer clear of John Law.  He will put you in the slammer so fast, it will make your head spin.  A trained and active lawyer is needed by the DUI victim to get him clear of the charges.  Take a look at the trouble one can get into for having some detectable amounts of alcohol in the blood.

Oklahoma has some unusual and all-encompassing dui laws. For example, a particular dui penalty depends not only upon the evidence of the case, but also upon the jurisdiction where you were arrested. Whereas a DUI in a small town may bring a small fine, the same infringement in a large city could bring a significant fine and time in jail. And, as we will see below, the penalties for a DUI in Oklahoma depend on more factors than just your blood alcohol concentration (BAC) or how safely you drive.

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 and dwi and apc? 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. Have you heard dui stories of people arrested for drunk driving even when they’ve been sleeping it off in their cars? In Oklahoma, this is called an APC. 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. 

What’s the difference between dui and dwi criminal penalties for a first offense?  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. That’s right – even if you’re off duty and driving your own person car, if you have a CDL and a BAC of .04, you can be convicted of DUI. Since this situation can adversely affect your future livelihood, you may want to enlist the help of the best drunk driving lawyer you can find.  Give Robert R. Robles a call if you have problems with DUI laws in Oklahoma.  405 232-7980.  The CDL will be suspended whether or not a conviction is obtained by the prosecution.  All that matters is the result of the chemical test.

Non Citizens and immigrants have it the worse of all, they may work out a favorable plea bargain only to have the Immigration Service ignore the details and slam them with a penalty for a conviction in spite of the fact that the case resulted in being dismissed.

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This entry was posted in Business Law, Constitutional Rights, Criminal Defense, Family Law, OKC Criminal Defense, Probate and tagged , , , , , , , , . Bookmark the permalink.

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