ARRESTED for DUI in Oklahoma? Okla. City, OK? DWI or APC? Board Certified Oklahoma DUI Defense Attorney Charles L. Sifers handles Driving Under the Influence (DUI), Driving While Impaired (DWI), Actual Physical Control (APC) and all Drunk Driving arrests in Oklahoma, Oklahoma City, Oklahoma County, Moore, Norman, and Cleveland County, Shawnee, Tecumseh, and Pottawatomie County, El Reno, Yukon, and Canadian County, Guthrie, Langston, and Logan County, and Chandler, Meeker, and Lincoln County, and throughout Oklahoma.
I KNOW I CAN HELP YOU In the practice of Law, there is no such thing as “magic”. . . Nor is there such a thing as “rare” knowledge from having been a prosecutor . . .
No, to get GREAT RESULTS, you must use GREAT LAWYERING, KNOWLEDGE and EXPERIENCE
That is what OUR FIRM does!
Call us at (405) 232-3388 or 1-866-ATTY-DUI. Our law practice is dedicated to persons that have been charged with DUI, APC, and DWI in Oklahoma. We will start your defense immediately. We will fight to keep you driving! We will fight to save your driver’s license and your freedom! We want to help you through this difficult and confusing time.
YOU deserve to know that what happens in YOUR case depends on the following: •The charge that is filed; •The court in which the case is filed; • The particular facts of the case; • Whether you took a test (or not), and then the results; • What your prior record; •The Prosecutor and Judge that are involved; and . . •The attorney you hire to represent you. THIS IS NOT A SIMPLE TRAFFIC TICKET! Being arrested for Driving Under the Influence (DUI) or Actual Physical Control (APC) is very serious. MOST people, including many Attorneys, DO NOT know, thanks to the recent law changes, how serious and far reaching the consequences of this arrest can be OR what to do now it has occurred! Your arrest for DUI or APC has created TWO (2) separate legal cases. Both of these cases proceed against YOU at the same time. The 1st one occurs no matter WHAT happens in the Criminal Court Case!! “CASE” 1 – The “NEW” Drivers License Case related to a DUI OR APC
The Drivers License laws have changed SIGNIFICANTLY effective 11-1-19!!! These changes will require you to make a decision within a few days of your arrest. That decision will require evaluation of your case and situation by a lawyer who thoroughly understands these changes and can implement strategies that use the laws to your advantage!!! Read on . . . . , When you are arrested for a DUI or Actual Physical Control (APC) in Oklahoma, you be requested by the arresting officer to submit to a chemical test. It can be a breath OR a blood test . . OR both! It is the Officer’s choice. It is usually a breath test. However, you CAN refuse a test, too. Based upon the results OR the refusal, the Drivers license case has begun against you. The Department of Public Safety (DPS) will REVOKE YOUR license for a six (6) month to a three (3) year period of time (depending on your prior record) for failing the test with a score of .08% OR higher BAC (breath/blood alcohol concentration), OR .02% BAC or more if you are under 21 years old. Refusal of a test revokes the license for the same period of time as a test failure, as does a conviction of a DUI or APC. To reinstate your license, you will be required to get an alcohol assessment, complete it’s recommendations, & pay a fee of over $300! If you have a CDL and refuse a test, you will be disqualified for one (1) year, no matter what vehicle you are driving at arrest. Any driving you do during the time YOUR license is revoked can result in additional charges. Prior to these changes, you could request a hearing with the Department of Public Safety to contest any revocation of your license. This was simple and required little EARLY evaluation of the case. It was free. It could be used to cross examine your officer outside of the courtroom. It came your attorney close to two months to assemble discovery and reports for your case. Under the new laws, this is GONE! NOW, to stop the government from doing this to you, YOU MUST either apply for the government’s IDAP program (SEE BELOW) OR file an APPEAL against the DPS in district court within 30 days of your arrest and then WIN IT! Under these new laws, you NOW have only TWO choices, unless you are willing to let the government do this to you, and accept the revocation and all that goes with it: One – Sign up for the DPS’s new “IDAP” program: For arrests on or after 11-1-19, the law relating to driver’s licenses & DUI/APC changes. It now offers something called the Impaired Driver Accountability Program or “IDAP”.
DO NOT SIGN UP FOR THIS PROGRAM UNTIL YOU HAVE TALKED TO ME!!
This is an attempt to get you to waive your rights to fight this license matter. A form was given to you at the jail encouraging you to sign up for this within 30 days of arrest promising that, if you will put a breath machine any car you drive (at $40- $60 a month each) for 6 months to 3 years (depending on your record), pay $200, and basically complete the license revocation reinstatement requirements above, your license will NOT be revoked & NO evidence of this DUI will go on your driving record.
THIS IS INCORRECT!!
Though it is correct that, if you complete the IDAP program succesfully, your license is not revoked and no revocation is reflected on your driving record, one of the requirements of this program is your license will be changed to a RESTRICTED license (another $50 charge) and the breath machine requirement will be indicated on your driver’s license AND your driver’s license record for anyone to see! TWO – File an APPEAL and fight them: In other words, take it straight to court. Since there are no more license hearings at the DPS, this is the ONLY way that you can avoid having a breath machine in our cars. This is the only way that you can avoid any record on your driving record from this DUI/APC arrest. We must file this appeal within 30 days of your arrest. This is a legal procedure that I have done 1,000’s of times and I am VERY good at it! The decision as to WHICH one of these options is crucial to your future. It cannot
be decided on the 29th day. We must address the case and properly evaluate your situation within 10-15 days from arrest!!!
You MUST call me within two weeks of your arrest so we can do this!!
PLEASE, PLEASE DO NOT WAIT!!!
Work Permit? Work permits are available for Class D licenses ONLY. A CDL cannot have one. A permit requires the interlock (breath machine) any car you drive & you must pay $175 to the DPS for a permit. You are still revoked. The driving record would reflect the revocation AND the work permit.
COMMERCIAL DRIVERS (“CDL’S”)
If you drive for a living, an arrest for DUI or APC is even more difficult. Any person with a CDL (class A, B, or C) who is “convicted” of the criminal charge of DUI or APC has the CDL disqualified & no work permit is available!! A DUI/APC “conviction” is defined DIFFERENTLY for a CDL holder. He is convicted if he pleas GUILTY or NO CONTEST, OR pays ANY fines, fees, or costs! In other words, anything short of an acquittal is a CONVICTION. Even a “deferred sentence” (which results in a dismissal) would be a conviction!! If your lawyer does NOT know how to protect you in this situation (AND I DO!), your life can be RUINED. As you can see, DUI and APC are NOT simple traffic tickets. It is unwise for a person who has been arrested for DUI or APC to proceed on his or her own. These cases involve the State Courts, State Prosecutors and, Department of Public Safety Attorneys. The cases can also involve both breath and blood chemical tests. Due to the ever-changing laws in this field, and the complexity of chemical test(s), the person who handles these matters for you MUST BE KNOWLEDGEABLE and EXPERIENCED in ALL of these areas, to be able to provide you with ALL defenses OR . . . it is YOU who will suffer. IF you feel, or have been told, that you have NO available DUI Defense, AND that should just go handle it yourself, OR if you have been told that anyone, or ANY lawyer, can provide a defense for you, your assumptions are likely INCORRECT!