Oklahoma DUI Laws & Penalties
In Oklahoma a DUI is defined under title 47 of the Oklahoma statute § 47-11-902 v1 . There are a few different drunk driving violations available in OK including DUI, DWI and a unique charge to the state referred to as APC (or Actual Physical Control).
An Oklahoma drunk driving case is something to take very seriously. If you are arrested on DUI charges in the state of Oklahoma, you will be facing very strict penalties, high fees, and the possibility of losing your driving privileges. You should contact an Oklahoma DUI lawyer as soon as possible.
Don't Wait To Get Help!
In an Oklahoma DUI case you are facing the possibility of losing your license. You only have fifteen days after your arrest that you can use to request your hearing with the Department of Public Safety. Your Oklahoma DUI lawyer will help you to request this hearing if you have not yet done so. If you delay, you could automatically have your license taken by the state.
Two Types of Oklahoma DUI Convictions
You can be convicted of an Oklahoma DUI based on two different scenarios. If you are driving erratically and have also been drinking, you can be arrested because the officer may determine that your driving abilities have been significantly impaired by the amount of alcohol you consumed regardless of whether or not you are over the legal limit
However, even if your driving is perfectly fine, the per se laws in Oklahoma say that if you are driving with a blood alcohol content of .08% or more, you can also be arrested for an Oklahoma DUI. In that instance no evidence of impairment is necessary at all. Just a chemical test showing a .08% BAC or greater.
Other Oklahoma Drunk Driving Offenses
Oklahoma also has classifications for other types of drunk driving violations which include DWI orDriving While Impaired and APC or being in Actual Physical Control.
Oklahoma DWI: This charge is generally reserved for those instances where the driver is arrested with a BAC below that of the legal limit of .08%. It is a reduction from a DUI charge.
Oklahoma APC: This is generally reserved for those persons not actually driving a motor vehicle but still in actual physical control of the vehicle; for instance the vehicle could be parked and someone is under the influence of alcohol and/or drugs and is in the vehicle with the keys in a position of control (driver seat, sole possession of the keys, etc...).
Oklahoma DUI Penalties
When you are arrested for an Oklahoma DUI, you face fines, penalties, and license suspensions. The severity of the punishment relates to how many other drunk driving convictions you have in your driving history along with other aggravating factors. Keep in mind that the courts will look back in your record for a period of ten years in calculating prior offenses.
First Offense Oklahoma DUI
- Misdemeanor charges
- Jail time of 10 days up to 1 year
- Fine of $1,000 or less
- Drivers license suspension for 180 days
Second Offense Oklahoma DUI
- Felony charges
- Jail time of 1 to 5 years in prison
- Up to $2,500 in fines
- Drivers license revocation for 1 year
- Ignition interlock system required for 6 months to 3 years after the revocation period
Third Offense Oklahoma DUI
- Felony charges
- 1 and 10 years in prison
- Up to $5,000 in fines
- Drivers license revocation for 3 years
- Ignition interlock system will be require for up to 3 years after revocation period
Oklahoma BAC Assumptions
- BAC levels of .001 to .05 are not considered to be under the influence
- BAC levels of .051 to .079 is considered evidence of impairment, but additional evidence will be required for a conviction
- BAC levels of .08 or greater are considered to be under the influence
Oklahoma Implied Consent Laws
- Chemical testing is allowed for blood, breath, urine or saliva to be selected by the officer.
- The officer is required to advise the defendant of the penalties for test refusal.
- Tests that result in a BAC of .08 or greater result in a 180 day revocation.
- Test refusal results in an immediate license seizure and a 180 day to 3 year license suspension. Refusal is admissible in court.
- In order for a chemical test to be valid and considered admissible in court, the test must be performed by a qualified person in accordance with the rules and regulations of the Board of Tests for Alcohol and Drug Imfluence. Samples for blood and breath must be taken within 2 hours of the arrest.
- Blood draws for police testing must be administered by a licensed physician, registered nurse or other qualified person.
- The defendant has the right to have an independent chemical test done by a qualified person of their choice. The costs of an independent test are the responsibility of the defendant.
- Test results must be made available to the defendant and their Oklahoma DUI attorneyupon request.
Remember that in addition to the above penalties the courts will most likely require alcohol education and/ or treatment programs. Also, you will need to get Oklahoma SR22 insurance for a period of 3 years after a DUI offense.
Oklahoma DUI Attorneys
DUI Arrest Help.com has compiled a list of skilled DUI defense attorneys in Oklahoma who have agreed to offer you a free initial consultation to discuss your case. There is no obligation to use them, and you can get some great information about what you should do in this free consultation.
Click here to speak with one of our Oklahoma DUI lawyers.
SR22 Insurance Considerations after a Oklahoma DUI
SR22 insurance is required in the state of Oklahoma after a DUI conviction. This type of insurance is classified as 'high risk' meaning you are a higher risk to the insurance companies so consequently they will charge more for taking on more risk. This can get very expensive if you sign up for one of these policies with the wrong company.
DUI Arrest Help.com has partnered with the largest and most trusted SR22 insurance provider in the state of Oklahoma and has worked out a special discount only available here to our website visitors.
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Other Oklahoma DUI Resources
Oklahoma DUI First Offense - Detailed first offense information including punishments after a first offense DUI in Oklahoma.
Oklahoma SR22 Insurance - Learn everything you need to know about Oklahoma SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your OK SR22 insurance.
Oklahoma DUI Lawyers - Contact one of our Oklahoma DUI lawyers today.
Oklahoma Substance Abuse Programs - We offer a complete listing of Oklahoma's approved substance abuse programs.