DUI & APC Legal Representation

Lack of reasonable suspicion or probable cause. An unlawful stop can result in dismissal of charges.

There may be chain of custody issues, errors in lab processing or contamination.

We will look for any possible improper administration of the tests, as well as external factors that may have affected results (e.g., weather, medical conditions).

In APC cases, we may argue the vehicle was not operable or intended to be driven or highlight a lack of evidence showing ability to drive.

This could include failure to read Miranda rights or other violations of constitutional rights during the arrest.

This can include equipment calibration issues, procedural errors during testing or the presence of residual alcohol in the mouth.

Advocating for diversion programs or reduced penalties for first-time offenders.

Yes, you can legally refuse a breathalyzer or field sobriety test in Oklahoma. However, there will be consequences for such a refusal, such as having your license suspended.

A first time DUI carries the following possible penalties:

• Jail Time: Ten days to one year
• Fines: Up to $1,000
• License Suspension: 180 days
  Alcohol assessment and intervention program

Yes, with the help of a seasoned attorney, DUI charges can be reduced or dismissed. Strategies include challenging evidence, police procedures and lab testing – among other tactics. Common reductions include:

Negotiating for a felony charge to be reduced down to misdemeanor charge

• Reckless Driving (“Wet Reckless”): A lesser charge with fewer penalties
• Deferred Sentence: No conviction if probation is successfully completed
• Dismissal: If there is insufficient evidence or police errors

DUI and APC charges can be reduced, depending on case details and legal defense strategies.

A DUI can be expunged one year after completing a deferred sentence, or 5 years after completing a suspended sentence (conviction).

APC (actual physical control) charges in Oklahoma apply when you are not actively driving but still have control over a vehicle while intoxicated or under the influence of drugs or medication – whether prescribed or not.

This means you can be arrested for APC if you are:

• Sleeping (and under the influence of alcohol or drugs) in your car with the keys nearby
• Sitting in the driver’s seat while impaired
• Pulled over but still in control of the vehicle

APC carries the same penalties as DUI, including license suspension, fines and potential jail time.

Yes, hiring an experienced DUI / APC defense attorney in Oklahoma is highly recommended. Even a first offense can result in fines, license suspension, and jail time. A skilled lawyer can:

• Challenge breathalyzer and field sobriety tests
• Review whether the police lawfully pulled you over
• Determine whether police followed proper procedures
• Negotiate reduced charges or even case dismissal

Yes. Law enforcement can charge you with DUI or APC after the fact if they gather sufficient evidence, such as:

• Witness statements placing you behind the wheel while intoxicated
• Traffic camera footage or surveillance video
• Admissions of drinking and driving (these could be made to officers or even online or social media)
• Blood test results from a hospital visit after an accident

Yes, DUI and APC charges can be dismissed under specific circumstances, such as:

• No lawful basis for the traffic stop
• Faulty breathalyzer or blood test results
• Police improperly administering standard field sobriety tests (SFST)
• Violation of your legal rights (e.g., lack of Miranda warnings)
• Prosecution’s failure to prove intoxication

Possibly. A DUI arrest can trigger both criminal and administrative license suspension. You may need to request a hearing with Service Oklahoma (formally DPS) within 30 days of receiving the notice of revocation.