DUI & DWI in Oklahoma
You don’t have to face criminal charges alone. If you’ve been arrested for drunk driving, an Oklahoma DUI attorney will patiently answer your questions, expertly gather evidence, skillfully analyze your case, and strategically put forth your best defenses.
Here are your answers to questions about:
- Oklahoma DUI Laws
- Oklahoma DUI Punishments
- Potential DUI Defenses
- Oklahoma’s Other Drunk Driving and Alcohol Laws
- How to Find an Oklahoma DUI Attorney
When is a Driver Considered to be Legally Drunk in Oklahoma?
Oklahoma DUI Laws are found in The Oklahoma Statutes.
Oklahoma blood alcohol content (BAC) summary:
- If you’re a non-commercial – over 21 -driver, you’ll be arrested for drunk driving if your BAC is .08 or higher.
- If you’re a commercial or school bus driver, you’ll be arrested for driving drunk if your BAC is .04 or higher.
- If you’re underage, it’s illegal to be drinking, so if there isany alcohol in your system – even trace amounts – you’ll be arrested for drunk driving.
What is Oklahoma’s Punishment for DUI Convictions?
These are the standard punishments, but you should consult with an OK DUI attorney to get the details as they apply to your individual case. The timing of subsequent convictions and aggravating circumstances change the penalties. Aggravating circumstances increase penalties including jail time and fines.
- 1st Conviction: Jail from 10 days up to 1 year – fine up to $1,000 – driver’s license suspension for180 days – substance abuse assessment and plan of action – loss of commercial license.
- 2nd Conviction within 10 years: Jail from 1 year to 5 years- pay fines up to $2,500 – driver’s license suspension for up to 1 year – ignition interlock substance abuse assessment and plan of action – loss of commercial license.
- 3rd Conviction within 10 years: Jail from 1 year to 7 years- pay fines up to $5,000 – driver’s license suspension for up to 3 years – 240 hours of community service – ignition interlock – substance abuse assessment and plan of action – loss of commercial license.
Oklahoma Drunk Driving Defenses
Your DUI defense lawyer will consider defenses such as these:
- No probable cause for original traffic stop.
- Improper roadblock – proper procedures not followed.
- Improper arrest – proper procedures not followed.
- Mistake is made anywhere in the process.
- Faulty BAC testing.
- Judicial error during trial.
Oklahoma’s Other Drunk Driving and Alcohol Laws
Oklahoma’s Dram Shop Act
Civil liability ($$$$) attaches if a licensed drinking establishments serves an intoxicated or underage person and injuries result.
Oklahoma’s Providing Alcohol to Underage Persons Law or Intoxicated Law
In Oklahoma, it’s illegal for a licensed drinking establishment to allow underage persons to drink or to serve a visibly intoxicated person.
- Serving an underage person can land you in jail for up to 5 years and a fine of $2,500 to $5,000.
- Serving an intoxicated person can land you in jail for up to 1 year and a fine of $500 to $1,000.
How to Find an Oklahoma DUI Attorney
If you’ve been arrested, never go it alone. To find an Oklahoma DUI lawyer to help you, you can search our website, www.attorneys.org, or ask friends or the bar association for a referral.
