This type of arrest actually creates TWO (2) different legal cases which proceed against the person at the same time. One case is civil with the revocation of the driver’s license; the other case is criminal with fines and jail time.

        The Drivers License Case

For most people, the revocation of their driver’s license causes a greater overall harm in life than any fine. However, many people believe that if they get a "deal" in court, they will avoid this affect because "it occurs only if they are convicted of the crime". THIS IS ABSOLUTELY WRONG!!! The license will be revoked for an arrest for DUI or APC even if a jury finds the driver not guilty of the crime!

        The Criminal Court Case

Regardless where arrested, you will face a criminal charge as a result. These crimes have punishments ranging from a fine and/or a fine and jail time. A misconception is that "nobody ever goes to jail" for these crimes or "first offenders don’t get convicted". THESE ARE BOTH WRONG!!! Conviction(s) and jail time DO OCCUR regularly, even to the "first timer".

EACH MUST BE ADDRESSED SEPARATELY

You might note that this case is addressed FIRST in this pamphlet. This is because the problems caused by this usually have already occurred before most court appearances even begin.

When arrested for a DUI or APC, a breath or blood test is offered to you. The Department of Public Safety (DPS) will revoke your license from six (6) months to three (3) years (depending on your prior record), if you refuse OR fail this test. A test result of a breath/blood alcohol concentration (BAC) of .08% BAC or more (.02% BAC or more if under 21 years old) is a failure of the test. Any driving during this revocation period will result in additional charges.

• HOW TO STOP THIS

A hearing must be requested with the DPS within (15) days of your arrest, and then WON, to avoid this revocation of driver’s license. If you do not, the revocation goes into effect thirty (30) days after the arrest. If this case is not addressed in this manner within this 15 day period, there is NOTHING that can be done to avoid this revocation! The COURT DATE for the CRIMINAL CASE has NOTHING to do with this hearing OR your license revocation.

If your license is revoked for this crime, your driving record will reflect it, NO MATTER WHAT HAPPENS IN COURT. This will have the same effect on insurance rates and, possibly, upon employment, as though you had been convicted of the crime in court.

• "WORK PERMITS"

You do not want one. The D P S will, generally, only grant them to first time offenders. Persons with revocations of one (1) year CANNOT, by law, have one, AT ALL!! Three (3) year revocations can only have one for the LAST TWO (2) years of the revocation! Further, to get this limited license, you must pay a $150.00 fee and, believe it or not, you must install an "interlock" (breath test machine) - which you must blow into and "pass" before the ignition will work - on any car you drive! This machine will cost about $500.00 for a six (6) month period. Plus, the revocation will still be on your record!!

There are three basic alcohol related offenses:

    - DUI

A person is charged with this crime when he is stopped while driving and is under the influence of alcohol and/or drugs OR has a test result of .08% BAC or more. Punishment can range from a fine of as little as $150.00 up to $1,000.00 and/or a jail sentence up to one (1) year, and if the breath test is .15% BAC or higher,  mandatory in-patient treatment with a one (1) year aftercare, 480 hours of community service, and interlock on all vehicles, EVEN for a first offense!!  Persons with prior convictions can face fines up to $5,000.00 and jail sentences of up to ten (10) years. They, also, face the same mandatory requirements of the interlock, in-patient treatment & aftercare, community service, and EVEN forfeiture of their vehicles!

    - APC

A person is charged with this crime when he is in his 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.

   - DWI

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

If you feel you have no defense OR anyone can do it (even you), your assumptions are likely INCORRECT!  What you can expect to occur is your case depends on what charge is filed and where, which Prosecutor and Judge are involved, and the particular facts of the case.  It is certain, however, your defense MUST begin as soon as possible.  By the time you might be reading this, the prosecutor is already preparing HIS case against YOU!

As you can see, this is no simple traffic ticket. It is unwise for a person who has been arrested for a DUI or APC to proceed alone.  These cases involve the Courts, the DPS, & chemical tests, both breath and blood.  Because of the ever-changing laws in this field, the defenses to be used, and the complexity of chemical test(s), the attorney you hire must be knowledgeable and experienced in ALL of these areas, or it is you who will suffer.  He probably does nothing but this type of case.

My practice is almost exclusively limited to the defense of this type of case,  representing thousands of cases all over Oklahoma over the last decade. My background includes being a Probation Officer, DUI School Instructor and an Attorney. I am one of only twelve Regents in the U.S. for the National College for DUI Defense & the only one in Oklahoma. I am a five (5) time graduate of their Course held at Harvard Law School. Almost monthly, I lecture on DUI law to attorneys in Oklahoma and other States or Countries.  I have an assistant who is a Certified Trainer of Field Sobriety Test administration. We are BOTH State Certified as Operators & Maintenance Supervisors on the Intoxilyzer 5000-D (the Breath Test Machine).  One half of all the non-law enforcement persons in Oklahoma with these Certifications are with my office.  We were the FIRST law office in the state to OWN this machine, and with FOUR, we own more than ANY law office in the state. I am board certified by the National College of DUI Defense, and the only attorney in Oklahoma with this certification.

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