An Oklahoma City attorney pled guilty to an Oklahoma County APC misdemeanor and resisting arrest this week in the Oklahoma County District Court. APC is short for being in Actual Physical Control of a Motor Vehicle While Under the Influence of Alcohol.
The attorney, along with another Oklahoma City attorney were arrested September 12, 2008 after the Whataburger manager said the attorney's SUV almost hit another vehicle in the drive thru lane at 140 am. According to the police officer, after they arrived, the attorney became uncooperative and spit in the officer's face and pulled out a badge from the Oklahoma County Sheriff's Department claiming to be a deputy. The badge was not an actual Oklahoma County Deputy's badge but an "eagle" badge that is given to supporters. Once at the station, the officers claim that the attorney kept cursing at them and demanding to be taken to Oklahoma County.
The officers complied with the attorney's request and took him to Oklahoma County where they charged him with felony placing bodily fluids on a police officer and felony impersonating an officer. Thus, what would have been a simple misdemeanor drunk driving charge or actual physical control charge turned into felony charges.
If you are arrested for DUI or APC, it is best to remain silent and cooperate with the officers. However, that cooperation does not include performing any field sobriety tests or other roadside tests. The decision to take the state's breath test or blood test is a decision that would bary depending on the circumstances of your arrest and prior DUI charges. It is always best to consult with a qualified DUI attorney as quickly as you can after being arrested.
John Hunsucker
Oklahoma DUI Lawyer
Bruce Edge
Tulsa DUI Attorney
Showing posts with label Misdemeanor or Felony DUI. Show all posts
Showing posts with label Misdemeanor or Felony DUI. Show all posts
Tuesday, November 22, 2011
Monday, March 14, 2011
Oklahoma DUI Arrest crackdown, DUI Under 21
Oklahoma police are cracking down on underage drinking and DUI Under 21's. Fueled with federal grant money, Midwest City Police, Oklahoma County Sheriff's Department, and the Canadian County Sheriff's Department are conducting stings to combat underage dringking and DUI under 21's.
Prom time is generally the time of year that police officials see the most Oklahoma DUI arrests of minors but they are using the grant money to prepare and gear up. In addition to underage stings at establishments that sell alochol, the police agencies are conducting DUI roadblocks. Midwest City, Oklahoma Police conducted a DUI roadblock this last weekend.
Also, local police are monitoring social web sites and talking to school officials and other teenagers to try and locate teen parties and also looking for those violating the social host laws.
Oklahoma DUI under 21 only requires a breath alcohol level of .02 or more so basically any alcohol can cause an illegal reading. Although the authors do not advise anyone under the age of 21 to drink, it is important to realize that only 1 drink can put you over the legal limit. Also, if you have had anything to drink, do not sit in your car and listen to the radio as this can subject to you an Oklahoma APC charge which stands for "actual physical control". An APC in Oklahoma is the same a drunk driving charge or DUI even though you were not drinking and driving.
If you or someone you care about has been arrested for DUI, DWI, APC, or DUI under 21 or you would like more information, contact John Hunsucker if the DUI or APC charge is in Oklahoma County, Cleveland County, or anywhere in Western Oklahoma. John can be reached at 405-231-5600 or visit www.okdui.com . If the DUI or APC charge is in Tulsa County or Eastern Oklahoma, contact Bruce Edge at 1-918-582-6333 or visit www.edgelawfirm.com.
Prom time is generally the time of year that police officials see the most Oklahoma DUI arrests of minors but they are using the grant money to prepare and gear up. In addition to underage stings at establishments that sell alochol, the police agencies are conducting DUI roadblocks. Midwest City, Oklahoma Police conducted a DUI roadblock this last weekend.
Also, local police are monitoring social web sites and talking to school officials and other teenagers to try and locate teen parties and also looking for those violating the social host laws.
Oklahoma DUI under 21 only requires a breath alcohol level of .02 or more so basically any alcohol can cause an illegal reading. Although the authors do not advise anyone under the age of 21 to drink, it is important to realize that only 1 drink can put you over the legal limit. Also, if you have had anything to drink, do not sit in your car and listen to the radio as this can subject to you an Oklahoma APC charge which stands for "actual physical control". An APC in Oklahoma is the same a drunk driving charge or DUI even though you were not drinking and driving.
If you or someone you care about has been arrested for DUI, DWI, APC, or DUI under 21 or you would like more information, contact John Hunsucker if the DUI or APC charge is in Oklahoma County, Cleveland County, or anywhere in Western Oklahoma. John can be reached at 405-231-5600 or visit www.okdui.com . If the DUI or APC charge is in Tulsa County or Eastern Oklahoma, contact Bruce Edge at 1-918-582-6333 or visit www.edgelawfirm.com.
Wednesday, May 6, 2009
Misdemeanor DUI or Felony DUI
Misdemeanor DUI vs. Felony DUI
In Oklahoma, DUI (driving under the influence) and APC (actual physical control) can be charged as either a misdemeanor charge or a felony charge. If your charge is filed in the municipal court, then the charge will be a misdemeanor as municipal courts do not have the jurisdiction to file felony charges. One caveat...a city police officer can cause the charge to be filed in the county district court or municipal court.
If your DUI arrest is your first arrest, then the charge will be a misdemeanor. In order for a DUI or APC charge to be a felony, you must have a previous DUI or APC conviction from a court of record within the previous ten years. The only courts of record in Oklahoma are the county District Courts or the municipal courts of Oklahoma City and Tulsa. Thus, if your prior DUI conviction was from Edmond, Midwest City, Jenks, etc, your new DUI charge will still be a misdemeanor as these are not courts of records.
The second requirement needed to enhance your DUI or APC to a felony is that the prior must have resulted in a conviction for DUI or APC. If your charge was reduced to a non DUI/APC charge like reckless or careless driving, then your new DUI charge cannot be filed as a felony. If you received a deferred sentence on your prior DUI charge, then the new charge will still be a misdemeanor as a deferred sentence is not a conviction.
The third requirement to enhance your new DUI charge to a felony is that your prior conviction must have occurred within the previous ten years. This requirement runs conviction date to conviction date. So, if your prior conviction occurred on Jan 2, 1999 and you are arrested on January 1, 2009, you may be charged with a felony DUI but it would have to be reduced to a misdemeanor as it would be impossible for the State to obtain a conviction in one day. Thus, the second conviction date would fall outside the ten years and would force a reduction in the charge to a misdemeanor.
In Oklahoma, DUI (driving under the influence) and APC (actual physical control) can be charged as either a misdemeanor charge or a felony charge. If your charge is filed in the municipal court, then the charge will be a misdemeanor as municipal courts do not have the jurisdiction to file felony charges. One caveat...a city police officer can cause the charge to be filed in the county district court or municipal court.
If your DUI arrest is your first arrest, then the charge will be a misdemeanor. In order for a DUI or APC charge to be a felony, you must have a previous DUI or APC conviction from a court of record within the previous ten years. The only courts of record in Oklahoma are the county District Courts or the municipal courts of Oklahoma City and Tulsa. Thus, if your prior DUI conviction was from Edmond, Midwest City, Jenks, etc, your new DUI charge will still be a misdemeanor as these are not courts of records.
The second requirement needed to enhance your DUI or APC to a felony is that the prior must have resulted in a conviction for DUI or APC. If your charge was reduced to a non DUI/APC charge like reckless or careless driving, then your new DUI charge cannot be filed as a felony. If you received a deferred sentence on your prior DUI charge, then the new charge will still be a misdemeanor as a deferred sentence is not a conviction.
The third requirement to enhance your new DUI charge to a felony is that your prior conviction must have occurred within the previous ten years. This requirement runs conviction date to conviction date. So, if your prior conviction occurred on Jan 2, 1999 and you are arrested on January 1, 2009, you may be charged with a felony DUI but it would have to be reduced to a misdemeanor as it would be impossible for the State to obtain a conviction in one day. Thus, the second conviction date would fall outside the ten years and would force a reduction in the charge to a misdemeanor.
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