You might have heard the term “DWI” before, but you probably don’t know that DWI means something completely different in Oklahoma than it does in other States that use the same term. So, what exactly is the meaning of DWI in Oklahoma, and how does it differ from the more common “DUI”?
What Is a DWI?
In Oklahoma, a DWI refers to “Driving While Impaired”. This charge applies if your blood alcohol concentration (BAC) is either 0.06 or 0.07 which is below the legal threshold for a DUI (.08 and above) but high enough to potentially impair your ability to drive safely.
For a DWI charge, prosecutors must prove two elements: First, that you had a .06 or 07 BAC, and that “[your] ability to operate [a] vehicle was affected by alcohol to the extent that the public health and safety was threatened or that [you] violated a state statute or local ordinance in the operation of the motor vehicle [1].”. This is usually proved by evidence that you were committing a traffic violation when you were pulled over, such as swerving over the center line.
Why Only Alcohol?
DWI’s generally only apply to alcohol - not drugs - because Oklahoma has a zero tolerance standard for drugs. Therefore, if drugs are detected in your system, you would typically be charged with a DUI, not a DWI.
What’s the Punishment for a DWI?
Although a DWI is a less serious offense than a DUI, it can still negatively impact your life. In Oklahoma, a DWI conviction can mean: a fine ranging from $100 to $500, a jail sentence of up to six months, and a license suspension.
A first offense leads to a 30-day suspension, while a second offense increases this to six months, and a third offense results in a full year without driving privileges.
Additionally, Oklahoma law requires DWI offenders to complete a professional alcohol and drug evaluation, attend alcohol and drug education courses, and participate in a victim impact panel, where you’ll hear from those affected by impaired driving accidents.
Unlike DUI, DWI is not a predicate offense: subsequent DWIs remain misdemeanors and carry the same range of punishment.
Will You Go to Jail for a DWI?
Although jail time is possible from a DWI conviction, many avoid it, especially first-time offenders. Whether you face jail time depends on the circumstances of your case. For instance, if you have had prior alcohol related convictions, a judge might give you a harsher sentence.
Get Help With Your DWI Case
While it may seem that the answer to “What is a DWI?” is that it’s less severe than a DUI, it’s a serious legal matter that can follow you for years. The penalties can disrupt your daily life and cost you money.
An experienced attorney can help reduce the consequences you face or even work to get the charges dismissed. And they can guide you through the entire legal process, including your license suspension. If you’ve been charged with a DWI, contact Tulsa DUI Guy today for a free case evaluation. We can help you protect your rights and get the best outcome possible for your situation.
[1] https://oklahoma.gov/highwaysafety/focus-areas/alcohol-impaired.html#accordion-f2e7ebcda9-item-bac02f0222