FAQ
Frequently asked questions, clearly answered.
Answer: In Oklahoma, a DUI (Driving Under the Influence) generally involves a Blood Alcohol Content (BAC) of .08% or higher. A DWI (Driving While Impaired) is typically charged when the BAC is between .05% and .08%. Both carry serious penalties, including potential jail time and license suspension.
Answer: Yes. Oklahoma law prohibits driving while under the influence of any intoxicating substance. Even with a valid prescription or medical marijuana card, you can be charged with a DUI-Drugs (DUI-D) if an officer believes the substance has rendered you incapable of safely operating a vehicle.
Answer: You can be arrested for APC even if you aren’t driving. If you are in the vehicle with the keys accessible (e.g., sleeping it off in the backseat with the keys in your pocket), the state can argue you had the ability to start and operate the car while intoxicated.
Answer: Trafficking is determined by the weight of the controlled substance, regardless of whether there is proof of a sale. For example, possession of 20 grams of Methamphetamine, 28 grams of Cocaine, or 1 gram of Fentanyl triggers automatic trafficking charges with mandatory prison sentences.
Answer: Following State Question 780, simple possession of a controlled dangerous substance is typically a misdemeanor in Oklahoma, carrying up to one year in jail and a $1,000 fine. However, “possession with intent to distribute” remains a serious felony.
Answer: Under Oklahoma’s “Implied Consent” law, by driving on public roads, you have already consented to chemical testing. Refusing a test will result in an automatic and immediate revocation of your driver’s license, often for a longer period than if you had taken the test.
Answer: Drug Court is a diversion program focused on treatment rather than incarceration. If you successfully complete the program, your charges may be dismissed or reduced. Eligibility depends on your criminal history and the specific nature of your current charges.
Answer: Your first DUI is typically a misdemeanor. However, a second DUI conviction within ten years of completing your first sentence is upgraded to a felony, carrying a much higher risk of prison time.
Answer: We analyze whether the police had “reasonable suspicion” to stop you and “probable cause” to search. If the officer extended the traffic stop unnecessarily to wait for a K9 unit, or searched your vehicle without a warrant or consent, the evidence may be suppressed.
Answer: A deferred sentence allows you to avoid a formal conviction if you follow probation rules; once completed, the case is dismissed. A suspended sentence is a conviction where you serve your “jail time” on probation instead of behind bars.