How Exactly Is A DUI Charge Defined In Oklahoma?
In Oklahoma law a DUI is found in the Statutes under Title 47sec11-902. It states that it’s unlawful for one to “drive, operate, or to be in actual physical control of a motor vehicle within Oklahoma upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley, or a lane which provides access to one or more single multifamily dwellings, who has a blood alcohol concentration of more than 0.08 at the time of the test of such person’s blood or breath, administered within two hours after the arrest of such a person.”
What Typically Happens After Someone Is Pulled Over On Suspicion Of DUI In Oklahoma?
A police officer has to have a reason to pull over a vehicle. We’ve handled hundreds of DUI cases in the last 19 years and, most of the time, there’s some type of traffic infraction involved. Once the vehicle is being pulled over for suspicion of DUI or a traffic violation, the officer will likely state that he saw the individual and they had red, watery eyes or will claim that they had slurred speech and were unsteady on their feet.
The officer will begin the sobriety field tests, such as the pen test, the one legged test, the walk test, and other various other tests. Usually, these tests are videoed and we can obtain those videos via discovery or subpoena. The police may ask you to submit to a portable breath test to help them with a predetermination but they are not allowed to use the handheld breathalyzer results as official. If the police have reason to believe that you are, in fact, intoxicated, they must provide you a document stating whether or not you want to take the state’s Breathalyzer or blood test at that time.
What Are The Penalties For A DUI Conviction In Oklahoma?
A first DUI carries a minimum of 10 days and a maximum of one year in jail, along with fines and costs. A second DUI within a 10 year timeframe carries a minimum of one year in jail and a maximum of 10 years in jail. A DUI third or subsequent within a timeframe carries a minimum of one year and up to 20 years. It can go beyond 20 years, depending on how many other DUIs there are.
For more information on DUI Charges in the State of Oklahoma, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (918) 216-9644 today.
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