When Can I Be Arrested for DUI in Oklahoma?

In Oklahoma you may be convicted of impaired driving even if you BAC is less than 0.08. Impairment of judgment and skill begins well below the legal limit. Observations and information gathered by the arresting officer are also evidence that may be used in court and can result in a conviction without a BAC test.  Oklahoma law prohibits driving a motor vehicle while impaired by alcohol or other substances. Therefore, an alcohol concentration in excess of 0.05 is relevant evidence that the driver’s ability to drive was impaired.

What Are the Penalties for DUI in Oklahoma?

PENALTIES FOR DUI: BAC .08 OR MORE:
First offense

• A misdemeanor,
• License Suspension: 30 days,
• Imprisonment in jail for not less than ten days nor more than one year, and
• A fine of not more than $1,000

Second offense within ten years

• A felony,
• License Suspension: 6 Months,
• Imprisonment for not less than one year, not to exceed five years, and
• A fine of not more than $2,500

Second felony offense

• A  felony,
• License Suspension: 1 year,
• Imprisonment for not less than one year, not to exceed seven years, and
• A fine of not more than $5,000

Third or subsequent offense

• A felony,
• imprisonment for not less than one year, not to exceed ten years, and
• Fine of not more than $5,000

Additional Costs Associated With An Alcohol Arrest Include:

• Lawyer’s fees,
• Lost time off work for court and alcohol-education programs,
• Alternative transportation costs while your license is suspended,
• Court costs, separate from the fines,
• Alcohol and drug substance abuse evaluation,
• Ignition interlock device,
• $75 processing fee for driver license suspension/revocation,
• $25 reinstatement fee to get your driver license back,
• $200 trauma fee,
• $15 assessment fee,
• $175 fee for limited-driving privilege, when available,
• Increased insurance rates,
• Psychological and emotional costs of being a “drunk driver”,
• Harder struggle for jobs, money, and education: If you are convicted of a felony for a DUI, it may adversely affect your applications for loans and financing, college admission and scholarships, and more, for the rest of your life.

PENALTIES FOR IMPAIRED DRIVING (BAC OVER .05 BUT LESS THAN 0.08):

• On conviction:
  • Fine of $100–$500,
  • Up to 6 months in jail, or both

What is Aggravated DUI in Oklahoma?

Aggravated DUI in Oklahoma is based upon your BAC.  If you test either by breath or blood ­ a .15% or higher, you CAN be charged with Aggravated DUI. A prior record DOES NOT matter. This can apply to a first timer arrest as well. These charges can ONLY be filed in a State­level court. Municipal Courts do not have the jurisdiction to file this charge. The punishment for this type of DUI starts with the same punishment as a “regular” DUI: up to one year in jail and/or a $1,000 fine for a first time OR, up to 10 years and/or $5,000 fine if you have had two or more prior convictions of felonies before. However, aggravated DUI provides for an ADDITIONAL “layer” of punishment of, IF CONVICTED: 30 days mandatory in­patient alcoholism treatment, 480 hours community service, one (1) year of aftercare meetings, and an ignition interlock installed on the person’s car for no less than 30 days. This way of charging applies to an Actual Physical Control while under the Influence (APC) as well.

What Can I Do To Save My Driver’s License After a DUI in Oklahoma?

YOU MUST REQUEST A HEARING WITH THE DPS WITHIN FIFTEEN (15) DAYS OF THE ARREST. If you do not, the license WILL be revoked.

1. First and foremost, hire an experienced attorney. There are many factors to consider.
2. Request a hearing and request the officer’s presence. It will give you a preview of a trial, a rarity in criminal cases, particularly in misdemeanors!. The officer who signed the affidavit and notice of hearing must show up and justify the revocation. Other officers may be subpoenaed.
3. Retest the sample, if possible. Testing errors may save your license.
4. Investigate the adequacy of the stop. The officer must have had a reasonable suspicion that a crime or traffic infraction was being committed.
5. Investigate the adequacy of the arrest and request for a test. The officer must have developed a reasonable belief that you were impaired by alcohol.
6. Check the times of events. Officers must perform the tests within certain guidelines.
7. Check the labeling of the sample. It must be identified as being yours.
8. Attend the motor vehicle hearing. Listen for fabrications and other errors.

Is an Ignition Interlock Device Required After a DUI in Oklahoma?

It depends on the individualized facts and circumstances of your DUI. On 11/1/11 The Erin Swezey Act went into effect in Oklahoma. The act states that all first time DUI offenders that have a BAC of 0.15 or higher as well as those who refuse to consent to a chemical test when pulled over for suspected DUI are required to have an Ignition Interlock Device installed in their vehicle for a year and a half, after driver’s license reinstatement.

Additionally, the act requires an Ignition Interlock Device (IID) for all subsequent offenders regardless of BAC. The length of time required for the IID depends on how many DUI convictions that you have against you.
2nd DUI: 4 years after driving privileges are reinstated
3rd or subsequent DUI: 5 years after driving privileges are reinstated