DUI Laws & Penalties in Oklahoma
Facing a DUI charge in the state of Oklahoma is no joke. With 60 percent of the locals living in the metropolitan areas, road accidents are never far behind. To maintain the state’s stature as the best choice of area to live in the south, the government gives public safety a top priority.
Oklahoma is one of several states that gives harder penalties for having minor in the car. For a first offense you could receive up to 4 years in jail. The idea is that if they prevent the older teens from drinking and driving with those who are of age, that the number of teen fatalities will drop. This age group from 16 to 23 has the highest likelihood of fatuities related to drunk driving.
There are 2 ways that you may be arrested for DUI. One is for going over the legal limit of Blood Alcohol Content (BAC) (.08, .04, .02 respectively for adult, commercial, and drivers below the age of 21 years old). The other way is for you to be arrested for Actual Physical Control (APC). This is display of impairment whether or not you went over the BAC limit. It is important to request a hearing within 15 days of your arrest, or else, the state automatically confiscates your driving license.
First Offense - MISDEMEANOR
- $1000 maximum fine ($2000 maximum if accompanied by someone below 18 years old during the arrest)
- 10 days minimum to 1 year maximum jail term (4 years maximum if accompanied by someone below 18 years old during the arrest)
- 30 days minimum to 180 days maximum suspension of license
- Content abuse assessment and treatment
- $300 minimum DUI fee
Second Offense – FELONY
- $2500 maximum fine ($5000 maximum if accompanied by someone below 18 years old during the arrest)
- $300 DUI trauma fee
- $75 processing fee
- $25 limited driving privilege reinstatement
- $125 limited driving privileges authorization
- 1 year minimum to 5 years maximum jail term (4 years minimum if accompanied by someone below 18 years old during the arrest) OR a combination of treatment and jail term for the same number of days/years
- 1 year maximum suspension of license
- Installation of an Ignition Interlock Device (IDD) from 6 months to 3 years after the suspension period
- Content abuse assessment and treatment
Third Offense (and succeeding) – FELONY
- $5000 maximum fine($10000 maximum if accompanied by someone below 18 years old during the arrest)
- $300 DUI trauma fee
- $75 processing fee
- $25 limited driving privilege reinstatement
- $125 limited driving privileges authorization
- 1 year minimum to 20 years maximum jail term
- 3 years maximum suspension of license
- 480 days of community service
- 1 year supervision and random testing
- Installation of an Ignition Interlock Device (IDD) from 6 months to 3 years after the suspension period
In cases wherein your BAC reading is between .05 and .07 percent, you may still be charged with DWI (Driving While Impaired), a reduced DUI charge but still with penalties.
- $100 fine
- 6 months jail term
- Suspension of license (30 days for first offense, 60 days for second offense, 180 days for third and succeeding offense)
- $75 processing fee
- $25 limited driving privilege reinstatement
- $125 limited driving privileges authorization
When you are read your Miranda Rights exercise them if you are not to intoxicated and ask for a lawyer and shut up if you want a chance at a good DUI Defense.
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This is not legal advise. We are not lawyers. If you have a question take it to a licensed attorney.