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.
PENALTIES FOR DUI: BAC .08 OR MORE:
Second offense within ten years
Second felony offense
Third or subsequent offense
Additional Costs Associated With An Alcohol Arrest Include:
PENALTIES FOR IMPAIRED DRIVING (BAC OVER .05 BUT LESS THAN 0.08):
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.
YOU MUST REQUEST A HEARING WITH THE DPS WITHIN FIFTEEN (15) DAYS OF THE ARREST. If you do not, the license WILL be revoked.
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
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.