DUI and APC Defense
Have you been arrested for DUI? Finding an experienced DUI lawyer in Oklahoma City is critical and can impact the entire trajectory of your case. Time is of the essence after your arrest. Oklahoma has harsh penalties for DUI, and having an experienced attorney on your side is essential to protecting your rights.
A Smart Defense provides personal and aggressive DUI defense from the first phone call through the resolution of your case. You work directly with your attorney and are never passed off to a case manager or junior associate.
Most DUIs in Oklahoma, even first offenses, are now filed as felonies. The stakes are higher than they have ever been following a DUI arrest. A Smart Defense offers the best DUI defense in Oklahoma City.
KNOW THE CHARGES
Understanding DUI & APC in Oklahoma
Have you been charged with Actual Physical Control in Oklahoma? DUI and APC are separate charges that carry similar penalties. To be charged with DUI, you must be intoxicated and driving a motor vehicle on a public roadway. To be charged with APC, you must be in control of a motor vehicle while intoxicated, even if you are not actively driving the vehicle. The prosecution must prove each element of the charge against you. Do not take unnecessary risks with your future; you need an experienced APC attorney in Oklahoma City.
DUI (Driving Under the Influence) is charged under 47 O.S. § 11-902. DUI means operating a vehicle with a BAC (Blood Alcohol Content) of at least .08 or testing positive for any Schedule I substance.
DWI (Driving While Impaired) is charged under 47 O.S. § 761. DWI means operating a vehicle with a lower BAC or being intoxicated by some other substance to the extent that the intoxication impacts a person’s ability to operate the vehicle. An experienced DWI lawyer in Oklahoma will help you understand the different ramifications of this charge and whether you have been charged correctly.
APC (Actual Physical Control) is charged under 47 O.S. § 11-902. Even if the vehicle was parked and not moving, you could be charged with APC for being in the vehicle while intoxicated.
Oklahoma uses the implied consent standard, but a refusal to submit to a breath or blood test does not automatically suspend your driver’s license. Law enforcement may tell you that a refusal will result in an automatic suspension, but there are routes you can take to protect your driving privileges without giving a breath or blood sample. For example, you can enroll in IDAP (Impaired Driver Accountability Program) to prevent the suspension. If you blow a .08 or higher, you may also have to complete this program to reinstate your license.
Submitting to a blood test or breathalyzer can provide additional evidence for the prosecution to use against you. You may set a hearing to contest the necessity of IDAP altogether. Each case will be analyzed thoroughly to determine which route is best for you.
Keeping the address on your driver’s license up to date is important. After a DUI arrest, a letter will be sent to your address that states the date your license will be “suspended.” There are strict deadlines based on the date of this letter to either enroll in IDAP or request a hearing. Finding a DUI attorney in OKC quickly is crucial to protecting your driving privileges and ensuring all deadlines are met.
BAC THRESHOLDS
BAC Limits by Charge Type
Your BAC level can significantly affect the charge you face and the potential consequences of your case. It is important to find an attorney who understands the significance of those differences.
Any impairing drug. Schedule I does not require quantification. Other Schedules do.
The decisions you make immediately following an arrest can completely change the outlook and outcome of your case. Statements made to law enforcement, field sobriety tests, blood or breath samples, and probable cause for the stop are all important and must be thoroughly analyzed.
Contact A Smart Defense to speak directly with Alexa about your case.
EVERY DUI CHARGE
Types of DUI Cases
A Smart Defense handles all types of DUI cases. Oklahoma has enacted harsher punishments for DUI charges. First-time DUIs can now be charged as felony offenses. It is crucial that your attorney understands the nuances of Oklahoma DUI law to ensure your rights are protected and give you the best opportunity to achieve the best possible outcome.
First-Time DUI
Many first-time DUIs in Oklahoma are charged as felonies. Penalties may include jail or prison, fines, driver’s license consequences, mandatory assessments and treatment, and ignition interlocks. Reduced charges are not the norm and require a thorough analysis of the facts and circumstances surrounding the case.
Second and Subsequent DUI
A second DUI offense within 10 years of the end of the punishment for a prior DUI results in felony charges. Third and subsequent offenses carry escalating felony classifications.
Aggravated DUI
Aggravated DUIs are charged as felonies in Oklahoma. A DUI can be elevated to aggravated when your BAC is 0.15% or higher, a motor vehicle accident occurs, certain traffic infractions are present, excessive speeds are involved, or you are cited for reckless driving.
Underage DUI
Oklahoma has a zero-tolerance policy, and any detectable amount of BAC may result in DUI charges.
DUID (Driving Under the Influence of Drugs)
The use of prescription medications, illicit drugs, and/or marijuana may result in DUID charges.
DUI and Related Cases
A Smart Defense has handled hundreds of DUI and related cases and has never had a case result in jail time for DUI charges alone. Every case is different, and the result depends on the specific facts, evidence, criminal history, mitigation, and circumstances involved. No outcome can be guaranteed, but A Smart Defense’s results speak for themselves.
In 2025, a young man was charged with DUI. This charge caused damage to his professional and personal life. His main goal was to get the DUI off his record as soon as possible. His case ended in a 6-month deferred sentence with no probation officer supervision.
In 2025, a young woman was charged with APC. She had limited resources and community support. Her main goal was to put the case behind her and save as much money as possible. She had a recent criminal history and was already on probation. Her case ended in a 3-year deferred sentence with no probation officer supervision.
In 2025, a 19-year-old was charged with DUID. She admitted to using marijuana when speaking to law enforcement and handed the officer her weed pen. She also admitted to being high at the scene. Her case ended in a 1-year deferred sentence with supervision required only until she completed community service hours and substance abuse assessments.
In 2024, a man was charged with his fourth DUI. In 2025, while that case was pending, he was charged with a fifth DUI. His cases ultimately resulted in his acceptance into a court recovery program. Upon successful completion of that program, the 2024 case will be dismissed and the 2025 case will result in a 4-year deferred sentence with no probation officer supervision.
Driver’s License Revocation Hearings
Criminal charges for DUI are separate from Driver’s License Revocation Hearings. A hearing can be a useful tool to uncover testimony and evidence; however, it is not always in a client’s best interest. Driver’s License Revocation Hearings are civil proceedings that require a separate fee from the criminal DUI case. A Smart Defense will conduct a thorough analysis of your criminal case to determine whether a Driver’s License Hearing is in your best interest.
The criminal DUI case and the driver's license proceeding are two separate cases. They run on different tracks, in different forums, and under different rules.
If Service Oklahoma (SOK) sends you a revocation letter, you have a window from the date of that letter, not the date of your arrest, to either enroll in IDAP or file a petition requesting a hearing.
Whether to request a Driver’s License Hearing is fact-specific and differs from case to case. Evidence collected in the criminal case will contribute to determining whether a hearing is in your best interest.
WHAT TO DO
DUI Defense Process
The DUI defense process requires a thorough analysis of every part of your case, from what you were doing before you were pulled over to the time you were booked into custody. Even the smallest details can make a big difference in your case. It is important to provide all details of your arrest to your attorney so the evidence and reports can be compared against what actually occurred. The reason you were stopped, the credentials of the law enforcement officer who stopped you, the field sobriety tests conducted, and the statements you made to law enforcement are all crucial to your case.
Step One
Remain polite and compliant. The defense strategy is more straightforward when the prosecution has no additional reason to seek a harsher punishment.
Step Two
Do not make unnecessary statements to law enforcement when you are pulled over. You must provide identifying information such as your name and date of birth, but you should not provide an answer when asked if you know why you were pulled over or whether you have had anything to drink. You may ask, “Why was I pulled over?” so the officer’s answer is recorded on body camera footage. You also do not need to explain where you are headed or where you are coming from. You do not have to consent to a search of your vehicle. If you are asked whether officers may conduct a search, politely decline. If you are detained, officers may conduct a pat-down under certain circumstances, including to assess whether weapons are present.
Step Three
If you have had anything to drink, do not consent to a breathalyzer or blood draw. Law enforcement officers commonly tell people that if they refuse these tests, their driver’s license will be automatically suspended. A refusal does not mean your license is immediately and automatically suspended at the scene. If you refuse, you may receive a letter from SOK. An experienced attorney will advise you on whether you should enroll in IDAP or request a Driver’s License Revocation Hearing.
Step Four
If you are intoxicated, do not partake in field sobriety tests. A failed test only builds evidence against you. These tests include Horizontal Gaze Nystagmus (HGN) (shining a light in your eyes), Walk-and-Turn (WAT), and One-Leg Stand (OLS). When asked to partake, you can say something like, “I do not want to participate in any tests without the advice of an attorney,” or “No, thank you.”
Step Five
Find a bondsman with reasonable terms for posting your bond. Some bondsmen require strict and potentially unnecessary rules that other bondsmen do not require. A Smart Defense can send you options if you do not know where to turn.
Step Six
Call A Smart Defense to begin developing your case strategy as soon as possible. Whether you plan to mitigate your case or fight your case, early attorney intervention can make a significant difference in the ultimate resolution of your case.
Step Seven
Upon entering an attorney-client relationship, A Smart Defense will immediately submit an Open Records Request (ORR) to the arresting agency. Next, an Entry of Appearance will be filed along with a Motion for Discovery. Discovery, including records, reports, 911 calls, and any video footage, will be reviewed promptly and shared with you.
Step Eight
Determine whether enrollment in IDAP or a Driver’s License Revocation Hearing is in your best interest and proceed toward resolving any licensing issue.
WORKING WITH ALEXA SMART
Your Attorney, Not a Case Manager
When you hire A Smart Defense, you hire your attorney — not a case manager, not a junior associate, and not someone you have never met. Alexa Smart handles the legal work on every case herself: reviewing the evidence, building the strategy, and making the calls that matter, from the initial consultation through resolution.
Criminal charges are personal. Your defense should be too.
AGGRAVATED DUI FAQS
Frequently Asked Questions About DUI and APC in Oklahoma
What Makes a DUI Worse
Be honest with your attorney about all potentially damaging facts surrounding your case. A Smart Defense will work to mitigate the impact of these circumstances. Early intervention can make a significant difference in how your case is handled.
Damaging Facts Include:
What happens after a first DUI arrest in Oklahoma?
Depending on the circumstances surrounding the arrest, you may be charged with a misdemeanor or felony. Changes in Oklahoma law have made many first-time DUIs felonies. Each case varies, but you may have to complete a drug and alcohol assessment, participate in substance abuse treatment, install an ignition interlock, and/or complete other forms of mitigation. A Smart Defense will give you the information you need based on the specific facts and circumstances of your case.
Can a DUI be dismissed or reduced in Oklahoma?
While dismissal is not common, it is possible. The validity of the stop, BAC results, and other facts and mitigating circumstances must be carefully analyzed. A Smart Defense will be upfront and direct about the likelihood of a dismissal or reduced charge in your case.
Will I lose my driver’s license after a DUI arrest in Oklahoma?
Not necessarily. There are multiple avenues that may prevent driver’s license suspension. Enrollment in IDAP or filing for a Driver’s License Revocation Hearing may prevent suspension, depending on the circumstances of your case.
What happens if I refuse a breathalyzer in Oklahoma?
Your license will not be automatically suspended. After a refusal, Service Oklahoma will send a revocation letter to the address on your driver’s license with information about your next steps. A Smart Defense suggests never submitting to a breathalyzer or blood draw if you have consumed alcohol. Providing a BAC sample can give law enforcement additional evidence to use against you. Enrollment in IDAP or filing for a Driver’s License Revocation Hearing may prevent suspension after you receive a letter from Service Oklahoma.
Can I get a DUI in Oklahoma if my BAC was under .08?
No. However, you may be charged with a DWI if your BAC is above 0.05%.
Can I get a DUI if I wasn’t actually driving?
You can be charged with APC, which carries similar penalties. APC does not require the vehicle to be moving. You may be charged even when your vehicle is parked and turned off.
What is IDAP and do I have to install an ignition interlock device after a DUI?
IDAP stands for the Impaired Driver Accountability Program. You can enroll in this program if you refused to give a blood or breath sample to prevent a license suspension. You can also enroll if you provided a breath sample and were charged with a DUI. This program requires the installation of an ignition interlock device for a six-month period.
Is a first DUI in Oklahoma a misdemeanor or a felony?
A first-time DUI will be charged as a felony if any of the following circumstances are present during your arrest: BAC of 0.15% or higher, a motor vehicle accident, certain traffic violations, eluding a police officer, speeding in excess of 20 MPH over the limit (over 10 MPH in a school zone), having a minor as a passenger, or reckless driving.
Do I need a lawyer for a first DUI in Oklahoma?
Yes. DUIs are enhanceable crimes. This means a second or subsequent DUI within 10 years of the end of your sentence for a prior DUI can result in felony charges and much harsher punishments. Because a DUI conviction can affect both your current case and the consequences of any future charge, having an experienced DUI attorney is critical.
How can an Oklahoma DUI attorney fight a DUI charge?
Your attorney should review all evidence, including 911 calls, reports, video footage, the credentials of law enforcement officers who conducted field sobriety tests, and much more. An experienced attorney knows how to assess the validity of the traffic stop, probable cause for a search, the reliability of testing and other evidence, and how to mitigate a case. A Smart Defense takes pride in building a thorough, individualized defense for clients facing these charges.
DUI, DWI & APC Defense Throughout Oklahoma
A Smart Defense represents clients facing DUI, DWI, and APC charges throughout Oklahoma, including Oklahoma City, Edmond, Norman, Moore, Midwest City, and surrounding communities.
There are strict deadlines after a DUI arrest that affect both your case and your driving privileges. Call A Smart Defense today and speak directly with your attorney.