Summary of Oklahoma's DUI Law

There are three (3) basic alcohol related offenses:

(1) DUI

A person is charged with this crime when he/she is stopped while driving and is under the influence of alcohol and/or drugs OR has a test result of .08% BAC or more. The punishment will range from a fine of as little as $100.00 up to $1,000.00 and/or a jail sentence up to one year, EVEN for a first offense. Persons with prior convictions can face fines up to $5,000.00and jail sentences of up to ten (10) years!

(2) APC

A person is charged with this crime when he is in his/her vehicle and is under the influence like in a DUI. However, in these cases, the person is NOT driving but is parked or sitting still on a street or a parking lot, and COULD drive if he wanted to do so. This crime is, effectively, the SAME THING as DUI ! It carries the same punishments.

(3) DWI

This is Driving While Impaired by alcohol; NOT Driving While Intoxicated. This crime is charged against the person who is driving but has an alcohol level BELOW .08% BAC, specifically, specifically, .06 to .07% BAC. It carries a lesser punishment in most courts. The license is revoked for only thirty (30) days and ONLY if you are convicted.

The defense of this case, on the surface, may appear simple. You may feel that there is no defense OR that anyone can do it. Neither assumption is correct. What you can expect to occur in the case depends on what charge is filed, what court the charge is filed in, which Prosecuting Attorney and Judge are involved, and the particular facts of the case.

Your defense MUST begin as soon as possible. By the time that you might be reading this pamphlet, The prosecuting attorney is already preparing HIS/HER case against you!