Muskogee DUI Lawyer
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 loved one has been charged, it is never too early to seek representation from a qualified Muskogee 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).
There are many complex issues that can surround a DUI arrest in Tulsa. It is important to understand that by operating a motor vehicle within the state, you have given what is called “implied consent” to undergo test(s) for alcohol. The most common test is the breath test is a breath test which measures your BAC (blood alcohol content). If you refuse the test(s), your license will be administratively suspended. If you intend to challenge the suspension, you must do so immediately. You only have 15 days to request an administrative hearing. As you can see, it is imperative you act immediately. Any delay or neglect of a DUI can result in severe consequences that may be otherwise avoided. As with any criminal matter, it is advisable that you seek counsel from a qualified Muskogee DUI Lawyer immediately. Our firm offers consultations and payment plans are available.
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.
All these charges can adversely impact your freedom and future. The best course of action would be to enlist the help of a qualified Muskogee DUI Lawyer. Contact our Muskogee DUI lawyer by phone at (918) 216-9644.