In Oklahoma, a “DUI” means Driving Under the Influence. It generally refers to operating a vehicle while impaired by alcohol, drugs, or other intoxicants.
A DUI charge most commonly applies when a driver’s Blood Alcohol Concentration (BAC) is 0.08 or higher, though Oklahoma law recognizes several related offenses depending on the driver’s level of impairment, the circumstances of the stop, and if other aggravating factors are present.
What Qualifies as a DUI in Oklahoma?
A standard DUI charge typically involves:
- A BAC of 0.08 or higher, or
- Evidence that a driver was impaired by alcohol or drugs
Law enforcement may rely on multiple forms of evidence, including:
- Field sobriety tests
- Breath or blood tests
- Officer observations
- Driving behavior
Even without confirmed BAC level, a driver can still face DUI charges based on observed impairment.
Different Types of DUI-Related Charges
Oklahoma law recognizes several alcohol and drug-related driving offenses, including:
Standard DUI
A BAC of 0.08 or higher while operating a vehicle without meeting the conditions for an aggravated DUI.
DWI (Driving While Impaired)
A lesser charge, typically involving a BAC between 0.06 and 0.07.
Aggravated DUI
A DUI will now be considered aggravated (and a felony) if:
- You have a BAC greater than .15
- You commit certain traffic violations while driving under the influence, for example: Driving left of center or improper lane use (47 O.S. § 11-301), passing another vehicle improperly (47 O.S. § 11-302), or Improper use of a turn signal (47 O.S. § 11-309)
- You attempt to elude police
- You cause an accident that causes more than $500 in property damage, or results in any injury
- You are speeding more than 20 MPH over the limit (or 10 MPH over the limit in a school zone)
- You have a passenger younger than 18 in the car
- You drove “recklessly, ” as defined in 47 O.S. § 11-901, meaning you were driving “in a careless or wanton manner without regard for the safety of persons or property”
Aggravated DUI charges are a felony and can carry more serious consequences than a standard DUI.
APC (Actual Physical Control)
Applies when a person is in control of a vehicle while intoxicated (BAC at 0.08 or above), even if they’re not actively driving.
DUI-Drugs (DUI-D)
Involves impairment caused by substances other than alcohol, including illegal drugs, prescription medications, and even over-the-counter medications.
More Serious DUI Charges
More severe charges can apply when a DUI involves injury or death:
- DUI with Great Bodily Injury - You were under the influence and caused an accident that resulted in a serious injury.
- DUI Manslaughter - Where a DUI results in the death of another person and the underlying crime is a misdemeanor (like a first-time DUI).
- DUI Murder - Where a DUI results in the death of another person and the underlying crime is a felony (like a second or third DUI).
What Are the Penalties for a DUI in Oklahoma?
Penalties depend on the exact charge, the circumstances of the case, and prior history. Potential penalties may include:
- Jail time or probation
- Fines and court costs
- Driver’s license suspension or revocation
- Mandatory classes or treatment programs
- A permanent criminal record
A first-time DUI is typically a misdemeanor and may carry up to one year in jail, though the exact penalties depend on the circumstances of the case.
What Happens to Your Driver’s License?
After a DUI arrest, your driver’s license may be automatically revoked unless you take action. You generally have 30 days from the date on your revocation letter to request a hearing. The officer’s affidavit may act as a temporary license during that period. Failing to act within that timeframe can result in losing your driving privileges, regardless of whether the outcome of your criminal case was in your favor.
Can DUI Charges Be Reduced or Dismissed?
In some cases, DUI charges may be reduced to lesser charges like DWI or reckless driving, or potentially dismissed. Charges being reduced or dismissed often depend on factors like the legality of the stop, the field sobriety testing procedures, and officer conduct. Every DUI case is different, and the outcome depends entirely on the case’s specific circumstances.
How a DUI Attorney Can Help
An experienced DUI attorney can:
- Review the stop and the arrest
- Challenge field sobriety tests and evaluations
- Analyze breath or blood testing
- Identify issues with officer training or protocol
- Protect your driving privileges
- Help build a defense specific to your case
Facing a DUI Charge in Oklahoma?
DUI cases can move quickly. With strict deadlines and procedures, especially regarding your driver’s license, taking early action can help protect your rights, preserve evidence, and better understand your options. Reach out today to review your case and discuss your path forward.