DUI & DWI in Oklahoma

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Drinking, drugs, and driving make for a deadly combination. In Oklahoma it is known as driving while under the influence (DUI) and the laws are tough. Convictions for DUI cases can range from a license suspension to jail time to a prison sentence, depending on the circumstances involved.

Just One Beer?

Alcohol, even in small amounts, slows your reaction time and impairs your sense. You may think yourself sober after drinking only a small amount of alcohol, but studies show that even one drink can make you less alert, which will impair your ability to operate a motor vehicle.

Understand DUI in Oklahoma

A DUI charge is typically based on the blood alcohol content (BAC). The BAC is the measure of alcohol in a person's bloodstream. When a police officer administers a breathalyzer test, the reading he/she sees is the measurement of the person's BAC. You are over the legal limit if:

You are 21 years old or over with a BAC of 0.08% or more.
You are under 21 years old with any measurable amount of alcohol.
You hold a CDL and have a BAC at or over 0.04%.

If you test under the 0.08% level, you can still face penalties. According to Oklahoma law, you are considered driving while impaired (DWI) if you are driving with a BAC between 0.05% and 0.08%.

Refusing a Chemical Test

If you are stopped by a police officer who suspects that you have been drinking, you will be asked to take a breath test. Under Oklahoma law, if you are driving a motor vehicle, you have given what is known as implied consent to be tested by an officer if you are suspected of drinking and driving.

Refusal to take the test will result in the immediate revocation of your driver's license, even if you have not been drinking. It could also result in your arrest. The revocation will stay in effect for anywhere from 180 days to 3 years, depending on your driving record.

DUI Penalties

If you refuse or fail a chemical test you will have to deal with penalties from the Department of Public Safety and any criminal charges filed against you. The penalties are independent from one another. However, you must satisfy ALL requirements set out by the court and/or the DPS before you can have your license reinstated.

Administrative Penalties

The penalty for driving with a BAC of between 0.05% and 0.08% is license suspension of:

  • 1st time suspended: 30 days.
  • 2nd time suspended: 6 months.
  • 3rd time suspended: 1 year.

The previous suspension do not need to be alcohol- or drug-related to effect the suspension for DUI.

The penalty for driving with a BAC of 0.08% or over is license suspension of:

  • 1st offense: 180 days.
  • 2nd offense with 1 prior DUI/drug revocation within 10 years: 1¬†year.
  • 3rd offense with 2 prior DUI/drug revocations within 10 years: 3 years.

The penalty for someone under 21 years old driving with any measurable amount of alcohol or refusing a chemical test is a license suspension of:

  • 1st offense: 6 months.
  • 2nd offense: 12 months.
  • 3rd offense: 36 months.
In addition to the above penalties you could also be required to:
  • Take part in a Alcohol and Drug Assessment and Evaluation.
  • Pay the following fees
    • License reinstatement fee: $25.
    • Processing fee: $75.
    • Trauma care fee: $200.
    • Mental health fee: $15.
    • Limited-driving privilege fee (if eligible): $175.
    • Ignition Interlock DPS fee: $50

You may challenge the revocation by requesting a Administrative hearing. You must request the hearing in writing, within 15 days from the date you were given the notice of revocation.

Criminal Penalties

Criminal penalties are in addition to Administrative penalties and also vary based on number of convictions as well as the circumstances. These also include your BAC, your age, whether an accident, injury or death was caused as a result of drinking and driving.

Impaired driving BAC of between 0.05% and 0.08%:

  • Fine: $100 to $500
  • Imprisonment: Up to 6 months.

If you are convicted of DUI with a BAC more than 0.08%, the penalties are as follows:

1st offense:

  • A misdemeanor charge.
  • Jail time of 10 days to 1 year.
  • Fine up to $1,000.

2nd offense in 10 years:

  • A felony charge.
  • Jail time of 1 to 5 years.
  • Fine up to $2,500.

2nd felony offense:

  • A felony charge.
  • Jail time of 1 to 7 years.
  • Fine up to $5,000.

3rd offense (and subsequent offenses):

  • A felony charge.
  • Jail time of 1 to 10 years.
  • Fine up to $5,000.

Reinstating Your Oklahoma Driver's License

The Department of Public Safety will send you a Notice of Confirmation and Reinstatement Requirements. This notice will outline any and all requirements you must satisfy before being issued a new driver's license. If you do not understand the requirements or want more information you can call the DPS at (405) 425-2424.

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