Driving Under the Influence (DUI) and Actual Physical Control (APC) are serious crimes in Oklahoma that can have a significant effect on a person’s future. A first offense DUI is usually handled as a misdemeanor lacking other complicating factors like injuries.
However, if you have prior DUIs of APCs, the charge becomes more serious. If you are charged with your third DUI or APC, there are several factors that need to be investigated or answered before determining what you are facing. It does not matter if the prior or the new charge is a DUI or APC—they are interchangeable under Oklahoma’s DUI laws.
Almost all first DUIs or APCs are misdemeanors. If the first DUI was from a Court of Record and you received a deferred sentence or a conviction within the last 10 years from the end of probation, then it will count toward enhancement of the new charge.
If your first DUI counts towards enhancement, then more than likely your second DUI was a felony charge. If you received a conviction on the felony DUI, then it may used to increase punishment on your third DUI.
Three Strikes and You’re Out
As you can see, DUIs grow progressively more serious with each repeat offense. A third offense in the eyes of the law represents a repeat offender, and a person who consistently endangers the public. In recognition of this, a third offense DUI conviction can mean:
- Not less than 1 year nor more than 10 years in prison.
- A fine up to $5000.
- Suspension of your license for three years
- Court-mandated treatment for substance abuse.
All of these are serious consequences that can significantly alter a person’s life when the DUI or APC is on it’s own. But if someone was injured or killed as a result of DUI, a person can be facing decades in prison.
Don’t Let It Get To Three
Whether it’s a first DUI or APC conviction or a third, DUI and APC charges need to be fought at all costs. It is vital to have lawyers on your side that will check every detail and look to see if the prior enhancement convictions can be attacked or proven. At the Hunsucker Legal Group, we understand how important these charges are. Whether fighting to suppress evidence or telling a compelling narrative, we know what it takes to swing the case in your favor.
Contact us today at 405-231-5600 to learn how our Oklahoma DUI Attorneys can make a difference in your case.
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