DUI (Driving under the Influence) and DWI (Driving while Impaired) create two (2) different cases that proceed against you at the same time:
1. THE CRIMINAL COURT CASE:
The first problem that you face after an arrest for DUI/APC/DWI is a criminal case. DUI is a crime that is prosecuted in all courts in the State of Oklahoma, whether at the Municipal Court or District Court levels.
There are three (3) basic alcohol related charges that you could face as a result of a DUI arrest: DUI; APC; and/or DWI. DUI is charged against drivers when he or she is stopped while driving and is under the influence of alcohol and/or drugs, has a breath blood test result of .08% or higher, or if he or she refuses to submit to a breathalyzer or blood test. (NOTE: In Oklahoma, if a person is operating a motor vehicle upon a public roadway, he or she is deemed to consent to a blood or breath test for the purposes of determining the amount of alcohol concentration and/or the presence or concentration of another intoxicating substance). The punishment for DUI can range from a fine only in some of the Municipal Courts of smaller cities or towns to a larger fine and/or jail sentence. Persons with prior convictions of DUI can face fines up to $5,000.00 & jail sentences up to ten (10) years. APC is charged against a driver when he or she is in a vehicle and under the influence, like in DUI. Breath or blood test is requested of the person who is arrested for this charge, just like in a DUI. However, in these cases, the person is NOT driving, but parked or sitting still on a street or parking lot but, COULD drive if he or she wanted to do so. This crime is essentially a DUI and it carries the same range of punishment as a DUI. DWI This crime is Driving While Impaired, not Driving While Intoxicated. This is charged against a person who has an alcohol level of greater than .05% but less that .08%, and carries lesser punishments in most courts than DUI/APC. A DWI conviction can cause you to lose your license for thirty (30) days.
2. THE DRIVER'S LICENSE CASE:
The second problem that you potentially face if arrested for DUI/APC is the loss of your driver’s license. In many cases, the driver’s license can be lost even before the first scheduled court appearance.
The Department of Public Safety (DPS) can take a person’s driver’s license from a six (6) month to three (3) year period of time (depending on the person’s prior record) for failing the test with a score of .08% or higher, or .02% or higher if you are under 21 years old. A person can also lose his or her license for refusing to submit to a breathalyzer or blood test just like he or she actually "failed" it.
In order to save a driver’s license after an arrest for DUI/APC, a hearing must be requested of the Department of Public Safety within fifteen (15) days after the arrest. If a hearing is not requested within the required time, the revocation of the driver’s license will go into effect thirty (30) after the arrest, and there will be no recourse.
At Gregory J. Denney & Associates, P.C., we will assist you in both the criminal case and the driver’s license case. Contact us as soon as possible after your DUI/APC/DWI arrest to ensure that all of your rights are protected.
