If your BAC is greater than .05 but lower than .08, you will likely be charged with DWI. An Oklahoma DWI usually garners a lesser punishment than does a DUI or APC. If your BAC is .08 or more, and/or your driving ability has been legally impaired by the use of alcohol and/or drugs, you will likely be charged with an Oklahoma DUI. The main difference between APC and DUI is that a DUI requires operation of the vehicle, whereas APC only requires that the vehicle could be driven.
If you are in a vehicle, and have the ability and potential to drive, you can be arrested if you are found to be impaired. (Actual Physical Control)
An Oklahoma DWI will bring a loss of your driver’s license for 30 days, a fine of from $100 to $500, and up to six months in jail.
An Oklahoma DUI brings a loss of license from 6 months up to three years- depending on the number of previous chemical test failures- fines, 10 days to one year in jail (for a misdemeanor charge), attendance at a victim’s impact panel, and mandatory alcohol and/or drug assessment and follow the assessment recommendations, which usually includes DUI School. Aggravated DUI involves a BAC of .15 or higher and has additional penalties. DUI can be a felony with enhanced punishment depending on criminal history.
If you’ve been charged with an APC, the consequences to your driver’s license and the DUI penalties are basically the same as they are for a DUI. Oklahoma has zero tolerance for underage drinking. You will be charged with DUI if you have "any measurable quantity of alcohol" and are under the age of 21. Underage drinking penalties include a loss of license for 6 months, a fine from $100 to $500, community service, enrollment in a substance abuse program, or any combination of these.
Charles E. Douglas has over 47 years experience in dealing with persons charged with DWI, DUI and APC- as well as conducting hearings and lawsuits with the Department of Public Safety. Contact my office at 405.329.2300.I