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Frequently Asked Questions
If you have experienced an arrest for Oklahoma
DUI, Oklahoma APC or, Oklahoma DWI, you, like most other
persons, have many questions. Answers for a few questions
are listed below:
Do you need an attorney for a
DUI?
"DUI" vs. "APC": What's The Difference?
Will I lose my driver's license
because of this DUI?
If I
Lose My License, is there a Way to Keep Driving Legally?
Am I going to Jail for this?
What about my Driving Record?
What is the difference between a
Deferred Sentence and a Suspended Sentence?
Should
your particular question not be answered here, make sure to get
a
You will receive a
personalized email response within a very short period.
If you choose not to submit an evaluation, please contact our office immediately, if you choose at
(405) 232-3388
(888) OKLA-DUI
(888-655-2384)
Do you need an attorney for a
DUI?
Answer:
Absolutely YES. There are
dozens and dozens of reasons to justify that answer. Your
freedom AND driver's license is at stake because of this arrest,
REGARDLESS of whether this is the FIRST time you have had this
happen or the 100th time. And, here are some questions to ask
that attorney before you hire him/her:
Are you Certified in Standardized Field Sobriety
Tests administration?
Are you Certified as a TRAINER
of Standardized Field Sobriety Tests administration?
Are you certified by the State
of Oklahoma as an Intoxilyzer 5000 OPERATOR?
Are you certified by the State
of Oklahoma as an Intoxilyzer 5000 MAINTENANCE
SUPERVISOR/Specialist?
Have you every attended the DUI
Trial College conducted by the National College for DUI
Defense, held at Harvard Law School? How many times?
Have you ever published any
articles or books on DUI Defense? How many?
Do you own a working and
functioning Intoxilyzer 5000 and put it to use in a client's
case? How many?
Have you ever made LAW in DUI
Defense by taking any cases to the Appellate Court(s) of
this State?
Have you tried at least 250
driver's license hearings at the Department of Public
Safety?
Have you tried at least 150
driver's license appeals before District Courts in Oklahoma?
Have you tried a jury trial on
DUI?
Have you ever
won any of these
hearings, appeals, or trials?
Is the percentage of your law
practice which is devoted to DUI Defense less than 75%?
Are you responsible for, or
contributory to, any new Jury Instruction used in Oklahoma
on or in a DUI case?
And, last, and most importantly:
Are you
Board
Certified
by the National College for DUI
Defense, as provided by the American Bar Association's
Specialization?
If the answer is "NO" to
ANY ONE
of the questions above, you should keep looking for the lawyer
who will handle your DUI Case. An answer of "NO" to any of these
questions shows that he is likely NOT on the cutting edge of
this field.
There is at least ONE lawyer in
Oklahoma who CAN answer ALL of these questions with a
"YES":
Charles L. Sifers.
"DUI" vs. "APC": What's The Difference?
This is often
confusing to people, especially when a person has been arrested
for an alcohol related TRAFFIC offense when he is NOT driving!
You can be arrested for APC while sitting in your car. APC is
when you have drunk enough to be arrested for DUI but the
vehicle in which you are is NOT moving. You are in CONTROL of
the vehicle (you are alone OR closest to the steering wheel!)
while you are under the influence. And, WHERE you are in that
car doesn't help you. Arrests for APC have occurred when persons
have been asleep in the back seat of a car! Many people have had
this happen to them when they KNEW they had had TOO MUCH to
drink to drive safely, and pulled over to "wait it out".
Although trying to do the right thing, they were arrested for a
crime that is effectively the same as DUI. The punishments are
the SAME! These persons were no better off - with the possible
exception of avoiding a car wreck while driving - than if they
had gone ahead and tried to drive on home! To be sure, our
office is NOT condoning anyone taking the chance of driving when
one KNOWS that he has had TOO MUCH to drink. However, you should
know what ELSE you should do to avoid this crime of APC. Simply
pulling over is NOT enough. Your vehicle must be TOTALLY OFF any
street or road. Pulling into a parking lot or driveway is
NOT enough either! The absolute BEST way to
avoid either a DUI or APC is to NOT even get into a car after
having drunk alcoholic beverages. If you know you have had too
much, get away from your car and have SOMEONE ELSE drive you
home!
Will I lose my driver's license
because of this DUI?
The Government intends to take it
if it thinks you failed or refused a test! However, if
OUR OFFICE
has anything to say about it, you won't! Remember: We only have
15 days from arrest to ask for a hearing about this revocation
of license. If we wait longer than that, the license will be
revoked NO MATTER WHAT occurs to your DUI case in criminal
Court.
If I
Lose My License, is there a Way to Keep Driving Legally?
Perhaps. The law provides for a
"modification" or what some people call a "work permit".
However, only revocations of 180 days or 6 months are allowed to
qualify for these. And, modifications are also for
ONLY
Class D licenses. There is NO modification for any class of CDL
for ANY length of time. Revocations for this length of time
result from a breath test failure or refusal that has occurred
for the FIRST time within five (5) years of a previous
revocation for the same reason. NOTE HERE THOUGH: the statutes
change on November 1, 2007 and the "look back period" changes to
ten (10) years. Therefore, when this changes and you have had a
previous revocation for the same thing anytime within TEN years
of your newest arrest, the revocation period will be for one to
three years long. License revocations of one to three years
CANNOT have a modification or work permit!
Am I going to Jail for this?
Certainly, that is a possibility
in MOST courts in Oklahoma. However, first offenders often do
not have to worry about jail, only fines, fees, and costs. For
person with PRIOR arrest, the chances go UP that the Government
will try to do this to you. That is where you lawyer comes in.
Our job is to stand between you and the government to keep that
from happening!
What about my Driving Record?
Driving records are LIFE-TIME
records. Many people do NOT know this. The record that can be
reviewed by the public is for the past three years. However,
police and prosecutors can see ANYTHING that is on your driving
record, no matter HOW old! ALSO, although you might NOT have
anything "get on your record" from the Criminal court case, if
your license is revoked for this arrest, it will be reflected on
your driving record for a failed or refused breath test. That
means even if you are found NOT GUILTY of the DUI, a revoked
license for the test refusal or failure will STILL be on your
driving record. This is why it is SO IMPORTANT to do everything
that you can to avoid any entry on your record, from the FIRST
case to the 100th case.
What is the difference between a
Deferred Sentence and a Suspended Sentence?
A deferred
sentence is where a person charged with DUI either pleads guilty
or no contest OR is found guilty, and the judge puts off
sentencing or conviction of the charge. He "defers" this
sentencing. This period of time can be up to five (5) years in
Oklahoma. These can be available for misdemeanors OR felonies.
Usually there are conditions imposed upon the client during this
probationary period of time, such as, going to meetings or
treatment and/or community service. There are usually fines and
court costs. However, if the client completes all these
conditions and does not get re-arrested, the case is DISMISSED
at the end of the probationary period! This is the next best
thing to being found not guilty!
A suspended sentence is a CONVICTION. What is suspended is
any jail sentence that the client might have to serve. The
length of time that a case can be suspended is the maximum
period of time that the person could go to jail, i.e., up to a
year for a misdemeanor DUI. Once this period of time expires,
the person is off probation. However, he is still convicted of
the offense. This conviction results in being placed on the
person criminal record AND his driving record.
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If this happensens
to YOU
CALL
(405) 232-3388
(888) OKLA-DUI |
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A conviction
for DUI or APC will likely affect your employment, your
insurance, your family, driver's license, and YOU,
FOREVER! |
| Don't trust your life
to just any lawyer, hire a lawyer that is
experienced in handling Oklahoma DUI
cases.
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Select the county where your arrest occurred:
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