Driving while intoxicated (DUI) is a serious crime in Oklahoma, and the laws are quite strict. Depending on the circumstances, DUI penalties can include a license suspension, jail time, or prison time if you are found guilty.
Driving Under the Influence (DUI)
A person is driving under the influence when they drive, operate, or are in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places, or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who:
- Has a blood or breath alcohol concentration, as defined in 47 O.S. § 756, of eight-hundredths (0.08) or more at the time of a test of such person’s blood or breath administered within two (2) hours after the arrest of such person;
- Is under the influence of alcohol;
- Has any amount of a Schedule I chemical or controlled substance, as defined in 63 O.S. §2-204, or one of its metabolites or analogs in the person’s blood, saliva, urine, or any other bodily fluid at the time of a test of such person’s blood, saliva, urine or any other bodily fluid administered within two (2) hours after the arrest of such person;
- Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or
- Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle.
DUI Penalties – Oklahoma DUI Attorney
A DUI arrest in Oklahoma can result in fines and fees of more than $10,000. In addition, drivers who are convicted of driving while intoxicated (DUI) or in actual physical control of a motor vehicle (aggravated DUI) and have a blood alcohol content of 0.15 or higher are required by Oklahoma law to install an ignition interlock device on every vehicle they own or are registered to.
First-time offenders will be required to wear an interlock for 18 months if convicted; If a person has a BAC of more than.08, they will have to use an interlock for four years. An interlock will be required for five years if there are any more DUI convictions.
In Oklahoma, driving while intoxicated can result in license suspension or revocation. The license of an impaired driver is immediately taken away if they fail or refuse a breath test. If the driver fails to request a hearing to challenge the decision, their license will be revoked for at least six months.
Following a trial or a plea agreement, sentencing can also take place. If the offender’s license was previously revoked within the previous ten years, they can anticipate serving between one and five years in prison, paying fines of up to $2,500, and having it revoked for one year for a first-time felony.
If the offender’s license has been revoked two or more times in the past ten years, the second and subsequent charges carry penalties of one to ten years in prison, fines of up to $5,000, and an automatic license suspension of three years or longer.
DUI Defense – Oklahoma & Texas
When it comes to making your case, reading this article is your first line of defense. If your DUI attorney can prove that the officer violated procedure, this could result in reduced charges or a dismissal of the case. Remember, the details matter! Keep in mind that no two DUI cases are alike. Speak with an experienced DUI attorney for the best possible outcome.
The John Nix Law Office Will Fight For Your Rights And Freedom
With a former Criminal District Attorney at your side, you have someone that knows where the law ends and your rights begin. Finding someone who can identify any weak spots and holes in the arguments used against you is essential.