| Q: |
What is the legal limit? |
| A: |
Under Oklahoma law, if a breath test or blood test yields a
blood alcohol content of greater than 0.08 mg/L, the defendant
can be convicted of DUI. If the subject has a blood
alcohol of 0.06 or 0.07, the defendant may be convicted of DWI.
However, if the officer is able to testify that the defendant
was "under the influence of alcohol" the state may be able to
sustain a conviction on that evidence alone with no test.
Contact John Dunn, a Tulsa DUI attorney
immediately for assistance in the event of a DUI/DWI charges. |
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|
| Q: |
What are the different parts of the DUI process? |
| A: |
A DUI is comprised of TWO separate and distinct actions.
-
Criminal - the defendant is
prosecuted for the crime of Driving Under the Influence of
Alcohol. The state must prove the elements of the
crime of DUI beyond a reasonable doubt. If
convicted they may be punished with fines, community
service, or imprisonment. In addition, a conviction
for DUI will result in the revocation of your driver's
license.
-
Civil - the State of Oklahoma
(through the Department of Public Safety) is suing the
defendant for their driver's license. This is an
administrative action. The state must show by
preponderance of the evidence that the defendant was
driving or an actual physical control of a motor vehicle
while under the influence of intoxicants. If the state
meets its burden, the defendant's license may be revoked.
It is possible to lose the civil
action but win the criminal action. At the same time, it
is possible to escape a conviction through a plea deal, and
still lose your license in the civil action. Your attorney
must be prepared to defend you in BOTH actions.
Tulsa DUI
lawyer, John Dunn, has proven expertise in defending clients who
have received a DUI charge. |
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|
| Q: |
What happens if the accused is under the age of 21? |
| A: |
If the accused is under the age of 21, the state need only
show that the defendant's BAC was 0.02. This is also known
as "any detectable amount" of alcohol. Should the
defendant test greater than 0.02, their license may be revoked
and they may be convicted of DUI. |
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|
| Q: |
Can a DUI ever become more serious than a misdemeanor? |
| A: |
Yes. Any second or subsequent conviction of DUI in a
court of record within a period of ten years may be filed as a
FELONY and becomes punishable by a prison term in the state
penitentiary. Representative by a experienced
Tulsa DUI
attorney is strongly advised for anyone receiving a DUI. |
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|
| Q: |
What is "APC"? |
| A: |
"APC" stands for "Actual Physical Control". If a
person has the ability to operate the vehicle (whether the
vehicle is being operated or not) the person is said to be in
"actual physical control" of the vehicle. Therefore, a
person who is passed out behind the wheel with the keys next to
them in the seat may be arrested and convicted, despite the fact
that they were not driving and the vehicle was not running. |
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|
| Q: |
Can I be arrested for DUI in a parking lot or driveway? |
| A: |
Yes. For purposes of DUI, the state has defined
"public roadways" to include driveways, parking lots, or any
other roadway that connects to a public roadway. Please
contact one of Tulsa's DUI lawyers, John Dunn, for in
depth answers to any of your questions. |
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|
| Q:
|
How do I get out of jail? |
| A: |
For many misdemeanor charges, there are pre-set
bonds. If there is no pre-set bond, the magistrate sets the
bond based on several factors. You may post the bond or
hire a bail bondsman to post it for
you to be release from custody during the criminal process. |
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|
| Q:
|
What is a "modified" driver's license? |
| A: |
A "modified" driver's license is often given as
an alternative to having an administrative hearing. In these
circumstances, the licensee will accept a license requiring them to
have an ignition interlock device installed on their car for a
period of time instead of having their license suspended. |
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|
| Q:
|
What is a "ignition interlock device"? |
| A: |
An "ignition interlock device" is a device that is
installed in a vehicle which will prevent the vehicle from starting
until a breath sample has been received that has no ethanol
detected. The device also will require a sample to be produced
when the vehicle is in operation. If alcohol is detected in
the breath sample, the device disables the vehicle and the car will
not start. These devices commonly cost approximately $100 to
$150 per month. |
