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 This page is designed to give you a quick overview of the legal landscape of a DUI. It is not intended to cover all areas in detail. It is advised that you contact our office and schedule an appointment to come in and talk about your DUI. We will be able to give you a complete assessment of your case and point out the legal hurdles and pitfalls that are out there. Each case has unique facts that need to be addressed individually.
Driving Under the Influence (DUI) & Actual Physical Control (APC) - Okla Stat. tit 47, § 11-902
It is unlawful for any person to drive, operate, or be in actual physical control of a motor vehicle, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who: 1. Has a blood or breath alcohol concentration of eight-hundredths (0.08) or more at the time of a test of such person’s blood or breath administered within two (2) hours after the arrest of such person; 2. Is under the influence of alcohol; 3. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or 4. Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle The fact that any person charged with a DUI or APC is or has been lawfully entitled to use alcohol or a controlled dangerous substance or any other intoxicating substance shall not constitute a defense against any DUI or APC. Actual Physical Control is defined as: "Directing influence, domination or regulation of any motor vehicle, whether or not the motor vehicle is being driven or is in motion."
Under the Influence is defined as: "Condition in which alcohol, an intoxicating substance, or a combination of alcohol and another intoxicating substance has/have so far affected the nervous system, brain, or muscles of the driver as to hinder, to an appreciable degree, his/her ability to operate a motor vehicle in a manner that an ordinary prudent and cautious person, if in full possession of his/her faculties, using reasonable care, would operate or drive under like conditions." DUI and/or APC are both misdemeanor offenses for your first offense. They only become a felony when they occur within 10 years of a previous conviction for DUI or APC. Driving While Impaired - Okla Stat. tit 47, § 761
Any person who operates a motor vehicle while his ability to operate such motor vehicle is impaired by the consumption of alcohol, or any other substance, other than alcohol, which is capable of being ingested, inhaled, injected or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing or other sensory or motor functions shall be guilty of Driving While Impaired. Alcohol concentration greater than 0.05 and less that 0.08 is considered relevant evidence that a persons ability to operate of motor vehicle was impaired by alcohol. Mandatory License Revocation for DUI - Okla Stat. tit 47, § 6-205.1
First Revocation: shall be for a period of 180 days.
Second Revocation within 10 years of a prior revocation: shall be for 1 year.
Third Revocation within 10 years of two or more revocations: shall be for 3 years.
Class D licenses may be modified to allow you to continue driving with an ignition interlock device installed on all vehicles you wish to drive. CDL's are NOT modifiable. Commercial Licenses - Okla Stat. tit 47, § 6-205.2
A "Conviction" is defined much more strictly for commercial drivers. A non-vacated adjudication of guilt, a plea of guilty or nolo contendere accepted by the court, and/or payment of any fine or court costs are all considered convictions. The Oklahoma Department of Public Safety will disqualify a person from operating a Class A, B, or C commercial motor vehicle for not less than 1 year (NOTE: a second DUI conviction may result in a lifetime ban of a CDL) upon receiving a record of conviction of any of the following offenses: 1. Driving, operating or being in actual physical control of a Class A, B or C commercial motor vehicle while having a blood or breath alcohol concentration of four-hundredths (0.04) or more; 2. Refusing to submit to a test for determination of alcohol concentration, while operating a Class A, B or C commercial motor vehicle, or if the person is the holder of a commercial driver license, committing the offense while operating any vehicle; 3. Driving or being in actual physical control of a Class A, B or C commercial motor vehicle while under the influence of alcohol or any other intoxicating substance or the combined influence of alcohol and any other intoxicating substance, or if the person is the holder of a commercial driver license, committing the offense while operating any vehicle. 4. Knowingly leaving the scene of a collision which occurs while operating a Class A, B or C commercial motor vehicle, or if the person is the holder of a commercial driver license, committing the offense while operating any vehicle; 5. Any felony during the commission of which a Class A, B or C commercial motor vehicle is used, except a felony involving the manufacture, distribution or dispensation of a controlled dangerous substance, or if the person is the holder of a commercial driver license, committing the offense while operating any vehicle; 6. Operating a commercial motor vehicle while the commercial driving privilege is revoked, suspended, canceled, denied, or disqualified; or 7. Manslaughter homicide, or negligent homicide occurring as a direct result of negligent operation of a commercial motor vehicle, or, if the person is the holder of a commercial driver license, committing the offense while operating any vehicle. Boating Under the Influence - Okla Stat. tit 63, § 4210.8
A. It shall be unlawful for any person to operate or be in actual physical control of a vessel upon the waters of this state, except privately owned waters, who:
1. Has a blood or breath alcohol concentration of ten-hundredths (0.10) or more at the time of a test of the person's blood or breath; 2. Is under the influence of any other intoxicating substance to a degree which renders such person incapable of safely operating a vessel upon the waters of this state; or 3. Is under the influence of alcohol and any other intoxicating substance to a degree which renders such person incapable of safely operating a vessel upon the waters of this state. As used in this section, the term "other intoxicating substance" shall mean any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act or any other substance, other than alcohol, which is capable of being ingested, inhaled, injected or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing or other sensory or motor functions. B. 1. Any person operating a vessel upon the waters of this state, except privately owned waters, shall be deemed to have given consent to a test or tests of such person's blood, breath, saliva or urine for the purpose of determining the presence and concentration of alcohol or any other intoxicating substance. Such tests shall be performed within two (2) hours of an arrest and in the same manner as provided for in Section 752 of Title 47 of the Oklahoma Statutes. 2. Evidence that the person has refused to submit to a test or tests as required by this section shall be admissible upon the trial of any criminal action or proceeding arising out of acts alleged to have been committed in violation of the provisions of this section. 3. Any person refusing to submit to such test or tests shall be in violation of this section and subject to the fines provided for herein. C. 1. Any person convicted of a violation of this section shall be guilty of a misdemeanor and fined in an amount not to exceed One Thousand Dollars ($1,000.00). Any second or subsequent conviction shall be punishable by a fine in an amount of not less than One Thousand Dollars ($1,000.00), nor more than Two Thousand Five Hundred Dollars ($2,500.00).
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