What is a DUI?

DUI

DUI, or Driving Under the Influence, is legally known as a condition in which alcohol or any other intoxicating substance, or a combination thereof has so far affected the nervous system, brain, or muscles of the driver as to hinder, to an appreciable degree, his or her ability to operate a motor vehicle in a manner that an ordinary prudent and cautious person, if in full possession of his or her faculties, using reasonable care, would operate or drive under like conditions.

In Oklahoma, if a blood or breath sample is taken, a blood or breath alcohol concentration of .08 or higher is legally sufficient to file a DUI charge. That is why Police Officers want drivers suspected of drinking to submit to a breath test, a test that one should rarely submit to.

DWI

Driving While Impaired is legally known as a condition in which alcohol or any other intoxicating substance, or a combination thereof has impaired a person's ability to driver a vehicle. In Oklahoma, if a blood or breath sample is taken, a blood or breath alcohol concentration of .05 to .07 is legally sufficient to file a DWI charge.

Often times DWI charges are as a result of someone who has had maybe one or two drinks and expects to "pass" a breath test. It is a small amount of alcohol but it still carries jail time.

APC

Actual Physical Control, or APC, is legally when a person is directing influence, domination or regulation of any motor vehicle, whether or not the motor vehicle is being driven or is in motion.

This means is that if you are in an operable vehicle and you are in possession of the keys to that vehicle while under the influence of alcohol or other substance, then you could be charged with APC. For example, if you pull over on the side of the road to try and "sleep it off", then you can be charged, regardless of whether you were actually driving.

DUI Manslaughter

A DUI resulting in a homicide is Manslaughter in the First Degree. A "first offense" DUI is a misdemeanor, and the law states that when a homicide is perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor it is Manslaughter in the First Degree. Manslaughter is a Felony and caries from 4 years up to life in prison.

If you are charged with manslaughter as a result of driving under the influence of alcohol or drugs, you will need a good trial attorney and should call Gorospe and Smith as soon as possible.

Negligent Homicide

When the death of any person ensues within one (1) year as a proximate result of injury received by the driving of any vehicle by any person in reckless disregard of the safety of others, the person so operating such vehicle shall be guilty of negligent homicide.

Negligent Homicide cases do not require any alcohol or drug related offense, and are generally filed when there is no evidence of such. Call us as soon as possible if you have been charged with this crime. The State will invariably want a person to serve time in jail for this offense.