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DUI in Oklahoma

DWI in Oklahoma

Oklahoma DUI lawyers understand DUI law. They are committed to helping drivers who have been arrested for a DUI offense. Oklahoma DUI can be complicated and differs from other state's DUI laws. A DUI attorney can explain the laws, answer the driver's questions and complete all of the necessary DUI forms.

Penalties for a DUI arrest can vary depending on whether it is the driver's first, second or third DUI arrest, but penalties will include:

  • Installation of an Ignition Interlock Device
  • Mandatory attendance of alcohol evaluations and classes
  • Payment of hundreds or thousands of dollars in penalties and fines
  • Required jail time
  • Increased insurance costs

If you have been arrested for an Oklahoma DUI, it is time to contact a DUI criminal defense attorney today.

What is considered a DUI in Oklahoma?
An Oklahoma driver may be charged with a DUI or driving under the influence if their blood alcohol level is over the legal limit which is 0.08%. A driver can also be charged with a DUI if the police officer determines they are noticeably under the influence of drugs or alcohol. Common behaviors can include, but are not limited to: slurred speech, blood-shot eyes, loss of balance and the inability to walk straight. Common driving behaviors which may give an officer cause to stop a driver can include: swerving, driving too slowing, driving the wrong direction and erratic stopping and starting.

Drivers who are under the age of 21 may be arrested for DUI if their BAC is .02% or more. Additionally, drivers may also be arrested if there BAC is .06 - .07% and charged with a DWI or "driving while impaired". This charge can include jail time and penalties. This charge should not be confused with "driving while intoxicated" which is a term used in Texas drunken driving laws. Driving while intoxicated is not a legal term used in Oklahoma.

Penalties for DUI in Oklahoma

First Offense - Misdemeanor
The first offense is usually a misdemeanor charge and the penalties include:

  • Mandatory jail term of a minimum of 1 day to 1 year
  • If a child under the age of 18 is in the car the required jail term can be up to 4 years
  • Required to pay fines up to $1,000. If a child under the age of 18 is in the car the fine could be up to $2,000
  • Required participation in an alcohol assessment and evaluation program
  • License suspension of 180 days

Second Offense
If the second DUI offense occurs within 10 years of the first offense it is a felony.

  • Mandatory evaluation by the Department of Mental Health and Substance Abuse Services
  • Potential jail term of 1 to 5 years (court may choose to allow the driver to complete an alcohol treatment program but the minimum jail term is 5 days)
  • License suspension for one year if this is the second time it has been revoked
  • Required to pay fines up to $2,500
  • The fine could be more if there was a child under the age of 18 in the car
  • Potential installation of an Ignition Interlock Device

Third Offense

  • 240 hours of required community service
  • Mandatory installation of an Ignition Interlock Device
  • Required prison sentence of 1 to 7 years (if the court allows the driver to attend an alcohol treatment program at least 10 days in prison must be served)
  • Fine of $5,000
  • Potential drivers license suspension for 3 to 5 years

Oklahoma drivers who are arrested with a BAC of 0.15% or greater can face additional penalties in addition to the ones stated above. The court may also add additional probation, more community service and periodic alcohol or drug testing.

Hiring an Oklahoma DUI lawyer
There are certain legal steps which should be taken immediately following a DUI arrest in Oklahoma. DUI or DWI is a serious charge, and an Oklahoma DUI attorney can help you understand the legal battle and the potential penalties you could be facing. Some DUI attorneys may provide an initial free consultation to review your DUI case. Do not wait any longer to get the legal help you need.