Oklahoma DUI Laws & Attorneys
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Oklahoma is known as the “Sooner” state and it’s also where the famous Route 66 was born. Get too may kicks on Route 66, and like modern day scofflaw Sooners, sooner or later you’ll face harsh Oklahoma DUI laws.
In Oklahoma DUI fines and penalties may be defined by the jurisdiction were you were arrested and charged. They can range from a minor fine in some of the smaller towns to over a thousand dollars and up to six months in jail in cities. Penalties also depend on your blood alcohol content (BAC) test level, prior convictions and other aggravated circumstances.
There are three alcohol related charges for which you can be charged: DUI (driving under the influence), APC (actual physical control), and/or DWI (driving while impaired).
With a BAC test of greater than .05% and less than .08% you can be charged with DWI which can include a fine and possible jail time, but carries lesser punishments in most courts than DUI or APC. Under the theory of circumstantial evidence (the opinion of a law enforcement officer) slurred speech, blood shot, watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be used as proof that a driver was driving while impaired.
The basic difference between DUI and APC is that DUI requires actual operation of the motor vehicle. But be forewarned that if you are dozing and in a vehicle and have the potential to drive it’s enough for an arrest if you are impaired. Even if you are not physically driving you may face the same consequences for a DUI. The penalties and license consequences for both are basically the same.
Oklahoma’s DUI ‘per se’ law states that a blood alcohol content of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for driving ‘under the influence’ if it can be proven that you were driving in an unsafe manner.
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source such as alcohol based paint, solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for an Oklahoma DUI, even though you are not “legally drunk”.
You should note that you have the right to a second BAC test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Oklahoma DUI attorney contact the hospital immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding the privacy of medical records.
After being charged with an Oklahoma DUI you’re going to face two adversaries: the criminal courts, and the Oklahoma Department of Public Safety. If your license was suspended or revoked because of a DUI, you will be offered a formal hearing. DPS hearings may be a crucial opportunity to let your Oklahoma DUI defense attorney cross-examine, rebut testimony, and confront evidence offered by those involved in your arrest and investigation.
You have the right to make a request within 15 days for an administrative hearing with the DPS to try avoiding losing driving privileges. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. DPS sanctions can also be imposed even if you are found not guilty in a criminal court case.
A DUI related conviction is on your record for life. Entries that are more than 3 years old are not on a DPS print-out, but can be used as prior convictions for sentencing or for insurance purposes. And the ‘black mark’ is there forever.
Be advised that Oklahoma has an out-of-state Driver’s License Compact Agreement. This means that Oklahoma DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Oklahoma DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact an Oklahoma DUI specialist. In any case, when you are stopped and arrested for suspicion of an Oklahoma DUI, request to see a DUI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with an Oklahoma DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by an Oklahoma DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
The police are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to an Oklahoma DUI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need An Oklahoma DUI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, DUI charges and Oklahoma drunk driving laws should be taken very seriously. Oklahoma DUI convictions and penalties can be long lasting and severe, both in court and with the Oklahoma Department of Public Safety,
which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. An Oklahoma DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting an Oklahoma DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s An Oklahoma DUI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from an Oklahoma DUI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance in establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (blood alcohol content) Test?
Refusal carries certain penalties which may be more severe than a DUI conviction. The arresting officer will take your license and it will be automatically suspended. You may request a hearing within 15 days of the arrest to contest the validity of the confiscation or driver’s license suspension.
This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced Oklahoma DUI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of an Oklahoma DUI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.
It is next to impossible to plea bargain an Oklahoma drunk driving charge without an experienced Oklahoma DUI lawyer.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Oklahoma DUI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Oklahoma DPS and the Criminal Courts Double Jeopardy?
Like most states, Oklahoma law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. Oklahoma DPS administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Be advised that Oklahoma has an out-of-state Driver’s License Compact Agreement, meaning that Oklahoma DUI convictions will be reported to your home state which will generally take action to suspend your license.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of priors and any aggravated circumstances including out-of-state convictions, and refusal to submit to a BAC test.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program, order an ignition interlock device installed on your vehicle, or even have your vehicle seized and/or forfeited.
Work or Limited Driving Permits
1st offenders or persons that have their licenses revoked for 6 months period are eligible. A fee along with the installation of an ignition interlock device are required. This costs about $500 per 6 months.
No "work permit" for a CDL (commercial driver's license) is available.
What About Enhanced Punishments For Multiple Oklahoma DUI Convictions?
Many circumstances may lead to sentence enhancements: prior DUI convictions, the presence of a child in the car, speeding, reckless driving and an elevated BAC level of .15% or higher, and causing an accident with injuries or property damage.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for Oklahoma multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and a loss of license and vehicles for years, if not permanently. We strongly recommend retaining an experienced Oklahoma DUI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
You insurance rates will probably increase or be cancelled. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
– Oklahoma DUI Criminal Penalties –
1st DWI Offense
With a BAC over .05% but less than 0.08%. You are guilty of "impaired driving."
30 days loss of license.
$100 to $500 fine.
Up to 6 months in jail.
1st DUI Offense
30 days up to 180 days loss of license.
$500 to $1250 fine.
10 days to 1 year in jail.
Possible mandatory assessment and substance abuse program.
Attend a victim's impact panel (VIP).
1st offender penalties may be deferred resulting in suspension of some penalties.
2nd DUI Offense
6 months to 1 year loss of license.
Up to $2,500 fine.
Up to 5 years in jail.
Possible mandatory assessment and substance abuse program.
Eligible for hardship license.
Can be considered a felony with a prior within 10 years.
Felonies carry a minimum of 1 year to 10 years in the state prison.
Up to $7,500 fine.
Attend a victim's impact panel (VIP).
The sentence can be deferred or the jail time can be suspended.
3rd DUI Offense
Up to 3 years loss of license.
Up to $5,000 fine.
Up to 10 years in jail.
Attend a victim's impact panel (VIP).
Possible mandatory assessment and substance abuse program.
Possible mandatory ignition interlock installation on all vehicles registered to offender.
Possible vehicle confiscation.
Eligible for hardship license.
BAC Test Refusal
180 days to 3 years loss of license, depending on your driving record.
Underage DUI
BAC of .02%
6 months loss of license.
Refusal of BAC test 6 months loss of license.
$100 to $500 fine.
Community service.
Substance abuse program.
Or any combination of the above.
A 1st conviction cannot be used to enhance a future DUI to a felony.
Subsequent Offenses
$100 to $1000 fine.
40 hours community service.
Substance abuse program.
– Oklahoma Department of Safety DUI Penalties –
1st Offense Oklahoma DUI
180 days loss of license.
2nd DUI Offense
1 year loss of license. (Within 10 years of the 1st offense).
$100 to $1,000 fine.
240 hours of community service.
Required attendance of a substance abuse program.
Ignition interlock installation owned or regularly operated by the offender.
3rd DUI Offense
3 years loss of license (within 10 years of a ‘prior’ offense).
$100 to $2,000 fine.
480 hours of community service.
Mandatory attendance at a substance abuse program.
Installation of a mandatory ignition interlock device on vehicles owner or operated by offender.
1st Underage DUI
180 days to 1 year loss of license.
1st offense $100 to $500 fine.
20 hours community service.
Required attendance at substance abuse treatment program.
Or any combination of the above.
Subsequent Offenses
2 years loss of license (or until offender reaches age 21, whichever is longer).
$100 to $1000 fine.
40 hours community service.
Substance abuse program.
Commercial Driver’s License
.04% BAC legal limit while operating any vehicle.
1st offense: 1 year loss of license.
1st BAC test refusal: 1 year loss of license.
3 year loss of license when hauling hazardous material with DUI.
Any subsequent offense: disqualification of license for life.
– Disclaimer –
Only skilled and licensed Oklahoma DUI specialists should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited Oklahoma DUI attorney. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and Oklahoma DUI litigation takes experience. Please let us refer you to a seasoned Oklahoma DUI professional.
– Citations –
OK Statutes Title 47 scroll to 47-11-902v1
§6-205.1. Periods of Revocation.
11-906.1. Drunk Driving Prevention Act.
Sections 13 through 16 of this act [47 O.S. §§ 11-906.1–11-906.4] shall be known and may be cited as the "Drunk Driving Prevention Act".
