Oklahoma DUI Laws & Penalties
Oklahoma Drunk Driving Laws Explained in Easy to Understand Simple Terms
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.
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.
Oklahoma First Offense DUI Penalties
- Misdemeanor charges
- Jail time of 10 days up to 1 year
- Fine of $1,000 or less
- Drivers license suspension for 180 days
Oklahoma Second Offense DUI Penalties
- 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
Oklahoma Third Offense 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 Law
- 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.
Oklahoma DUI Chemical Testing
- 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.
Oklahoma SR22 Insurance Considerations
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.
You won’t be able to find a cheaper SR22 insurance policy in Oklahoma for any less.
Additional Oklahoma DUI Resources
- Oklahoma DUI First Offense – Detailed first offense information including punishments after a first offense DUI in Oklahoma.
- Oklahoma DUI Classes – Get signed up to complete your required DUI class online today.
- 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 Oklahoma SR22 insurance.
- Oklahoma DUI Lawyers – Contact one of our Oklahoma DUI lawyers today to discuss your pending DUI case.
- Oklahoma Bail Bond Agents – Contact an Oklahoma bail bond agent to get out of jail now.
- Oklahoma Non-owner Insurance – If you need an SR-22 filing, but don’t own a vehicle, you need to get a non-owner policy.