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115 W, 3rd Street Suite 406 Tulsa OK 74103

contact@thetulsaduiattorney.com
Phone: 918-582-7223



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DUI INFORMATION



OKLAHOMA ALCOHOL RELATED DRIVING OFFENSES
DRIVING UNDER THE INFLUENCE (DUI):
Driving Under the Influence or DUI is the most common alcohol related driving offense in Oklahoma. DUI occurs when an individual operates a motor vehicle on public streets or roadways with a blood alcohol content of .08 to .149. A first offense DUI in Oklahoma carries a punishment of 10 days to 1 year in County Jail and up to a $1,000 fine. A DUI in Oklahoma is a predicate crime meaning that if you plead guilty or no contest to a DUI and receive another DUI or APC within 10 years then the second offense DUI or APC will be charged as a Felony.

AGGRAVATED DRIVING UNDER THE INFLUENCE (AGGRAVATED DUI):
Aggravated Driving Under the Influence or Aggravated DUI occurs when an individual has been operating a motor vehicle on public streets or roadways and has a blood alcohol content of .15 or higher. A first offense Aggravated DUI is punishable by 10 days to 1 year in jail and up to a $1000 fine. Persons convicted of Aggravated DUI are required to be supervised for a minimum of 1 year and can be subjected to periodic testing. An Aggravated DUI in Oklahoma is a predicate crime meaning that if you plead guilty or no contest to an Aggravated DUI and receive another DUI or APC within 10 years then the second offense DUI or APC will be charged as a Felony. Aggravated DUI has no effect on whether the charge is filed as a misdemeanor or felony.

ACTUAL PHYSICAL CONTROL (APC):
Actual Physical Control or APC occurs when a person has actual physical control of a vehicle, while under the influence, but is not actually driving the vehicle at the time of the stop. APC generally occurs when an individual is caught by police asleep behind the wheel of a vehicle. APC is punishable by 10 days to 1 year in County Jail and up to a $1000 fine. An APC in Oklahoma is a predicate crime meaning that if you plead guilty or no contest to an APC and receive another DUI or APC within 10 years then the second offense DUI or APC will be charged as a Felony.

DRIVING UNDER THE INFLUENCE UNDER 21 (UNDER 21 DUI):
Driving Under the Influence Under 21 or Under 21 DUI occurs when an individual under the age of 21 operates a motor vehicle on public streets or roadways with a blood alcohol content of .02 or more. Punishment for Under 21 DUI carries a fine and community service only. An Under 21 DUI cannot be used to enhance a future DUI to a felony. Beware that an Under 21 individual that has a blood alcohol content of .08 or above will most likely be charged with a regular DUI.

DRIVING WHILE IMPAIRED (DWI):
Driving While Impaired occurs when an individual operates a motor vehicle on public streets and roadways with a blood alcohol content of .05-.07. A first offense DWI carries a punishment of up to 6 Months in County Jail and up to a $500 fine. A DWI is not considered a predicate crime in Oklahoma and cannot be used to enhance a future DUI or APC to a felony.

1ST OFFENSE FELONY DUI or APC:
A 1st Offense Felony DUI or APC is driving or being in actual physical control of a vehicle while having a blood alcohol content above .08 and having a previous DUI or APC within the last 10 years. A 1st Offense Felony DUI or APC is punishable by 1 to 5 years in the Oklahoma Department of Corrections and up to a $2,500 fine.

2ND OFFENSE FELONY DUI OR APC:
A 2nd Offense Felony DUI or APC is driving or being in actual physical control of a vehicle while having a blood alcohol content above .08 and having a previous felony DUI or APC within the last 10 years. A 2nd Offense Felony DUI or APC is punishable by 1 to 10 years in the Oklahoma Department of Corrections and up to a $5,000 fine.

3RD OFFENSE FELONY DUI OR APC: A 3rd Offense Felony DUI or APC is driving or being in actual physical control of a vehicle while having a blood alcohol content above .08 and having two previous felony DUI or APC within the last 10 years. A 3rd Offense Felony DUI or APC is punishable by 1 to 20 years in the Oklahoma Department of Corrections and up to a $5,000 fine.

CHILD ENDANGERMENT-DUI:
Child Endangerment-DUI occurs when a person is operating a vehicle with a blood alcohol content above .08 and has a minor child in the vehicle. Child Endangerment-DUI is punishable by up to 4 years in the Oklahoma Department of Corrections and a $5,000 fine.