How Is Driving Under The Influence Defined In Oklahoma?
Driving Under the Influence statutes are in 47 Okla. Stat. § 11-902 (A) and state in part
It is unlawful and punishable as provided in this section for any person to drive, operate, or to be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwelling who:
- Has a blood or breath alcohol concentration….of eight-hundredths (0.08) or more at the time of attest of such person’s blood or breath administered within two hours after the arrest of such a person.
Please note: a blood or breath concentration of less that 0.08 can also result in driving while intoxicated charges as well as being in actual physical control of a vehicle while under the influence of intoxicating alcohol or drugs (prescription or not).
What Happens When Someone Is Pulled Over For Suspicion Of DUI In Oklahoma?
Law enforcement must have a reason to pull a car over. We’ve handled hundreds of cases in our combined over 40 years’ experience and frequently see a DUI case stem from a traffic violation. Please note that it is important to know rules of the road before getting behind a wheel of a car and then follow them in the strictest sense.
Law enforcement begins a field sobriety test such as the pen test, the one-legged test, the walk test, portable breath tests and a variety of other tests. These tests are often videotaped. We obtain these videos during the discovery phase of the case and review them to determine if a Motion to Dismiss is warranted. Should law enforcement suspect you are driving under the influence of alcohol or drugs they must provide you with a document stating whether or not you agreed to take the test.
What Are The Penalties For A DUI Conviction In Oklahoma?
Any person convicted of a violation of the driving under the influence states for the first time is guilty of a misdemeanor and must participate in an assessment and evaluation for drugs and/or alcohol and follow any and all recommendations. The misdemeanor is punishable by imprisonment or jail for not less than 10 days nor more than 1 year and be fined up to $1,000.00 or by such fines and imprisonment.
Penalties increase for second or subsequent DUI’s and the charge is filed as felony. A second DUI within a 10 year period carries a minimum of one year up to 5 years in the custody of the Department of Corrections and a fine of not more than $2,500.00. The previously requirement of getting a drug and alcohol assessment applies to second and subsequent DUI’s. Penalties for third and subsequent DUI’s can result in imprisonment of up to 20 years or more.