DUI / DWI / APC
DUI stands for driving under the influence of alcohol or other intoxicating beverages, chemical substances or controlled dangerous substances. As of July 1, 2001, Oklahoma law defines DUI as one offense proved by the impairment of normal faculties by having a blood alcohol or breath alcohol level of .08 or above. Aggravated DUI in Oklahoma involves those with a level of .15 or higher.
Prison with DUI:
If you are convicted in city or state court of DUI you could face imprisonment from 10 days and in County Court to up to one year for misdemeanor offenses.
Felony DUI carries a punishment of over one year. Aggravated DUI has very severe penalties including mandatory jail terms, counseling, and community service.
Blood Alcohol Level:
The most accurate type is a forensic whole blood analysis. Refusal to submit to chemical breath or blood testing can result in an administrative driver’s license revocation. In Oklahoma, currently a blood alcohol level of .10 or more is considered impaired and grounds for a driving under the influence arrest. Blood alcohol level is the amount of alcohol measured in a person’s bloodstream.
Breath machines assume that all breath air is from the lungs. Burping, belching, hiccuping, vomiting or holding one’s breath can all bring concentrated alcohol vapors into the mouth and can raise a test result. Also, breath fresheners, mouth wash, dentures, dental caps, dental bridges can all affect the reliability of a breath test results any alcohol in the mouth or esophagus. This can cause breath tests to be abnormally high.
Driver’s License and DUI:
Any person who is alleged to have violated Oklahoma’s DUI or APC laws has only 15 days from the date of arrest to ask for an administrative hearing to save their driver’s license. Without asking for this hearing in writing within the deadlines, you cannot challenge the license suspension. Any person with a DUI or APC charge in Oklahoma really has two cases:
1. A driver’s license case throughout the Oklahoma Department of Public Safety (”DPS”); this is the administrative case;
2. A misdemeanor or felony case in city or state court. This is the related criminal case.
For a first offense revocation for DUI or APC, in Oklahoma, a person might lose their driver’s license for up to 180 days if revoked under Oklahoma’s implied consent laws.
Fines and Court Costs:
In Oklahoma, misdemeanor fines cannot exceed $1,000; felony DUI or APC fines may be as high as $5,000. Court costs are calculated by the city or county court clerk and may be as high as $300.00. Attorney/Lawyer: In choosing an attorney or lawyer to defend your case, be sure to review their qualifications:
1. Does the lawyer have experience defending DUI, DWI or APC cases?
2. What are the facts of the case?
3. What are the deadlines?
4. Is there a written fee agreement?
5. What are the financial terms of the case?
6. What experts are needed and what are their costs?
For more information, contact The Hosty Law Office today by calling (405) 235-4040.