The Basics of Drunk Driving Charges in Oklahoma

The Basics of Drunk Driving Charges in Oklahoma

Oklahoma has many laws pertaining to drunk driving. The Oklahoma statute surrounding driving under the influence covers a wide range of topics, including commercial drivers and underage drinkers. All drunk driving charges in Oklahoma, however, are taken very seriously. If convicted, drivers could face jail time, high fines, and other penalties, such as the requirement of an ignition interlock device.

 

Oklahoma Limits on Alcohol

 

Oklahoma laws are very clear on what is considered legally drunk. Adults over the age of 21 who are driving a personal vehicle cannot have a blood alcohol level over 0.08, or they are considered legally drunk. For drivers of commercial vehicles, this amount is reduced by half. If a commercial driver is found to have a blood alcohol level higher than 0.04, they are considered legally drunk.

 

Oklahoma has a zero-tolerance policy when it comes to minors that drink and drive. The law explicitly states that anyone under the age of 21 that has any traceable alcohol on their breath or in their blood is considered legally drunk.

 

Drunk Driving Penalties in Oklahoma

 

In Oklahoma, a person can serve jail time after just one DUI offense. Sentences for a first offense include anywhere from 10 days to one year in prison, and a maximum fine of $1,000. Even after a first offense, the driver will lose their driver’s license for 180 days, or approximately six months.

 

Those that commit a second DUI offense within 10 years of the first conviction are considered repeat offenders. If convicted, a person faces one to five years in prison and a maximum fine of $2,500. If the second DUI offense occurred within five years of the first offense, a person will lose their license for possibly an entire year.

 

When a person is convicted of a third DUI, the possible penalties are between one to seven years in prison and a maximum fine of $5,000. Offenders are also required to perform 240 hours of community service, and must install an ignition interlock device in their vehicle. This prevents them from starting their vehicle if there is alcohol on their breath.

 

Fourth and subsequent DUI offenses have the harshest penalties of all. If convicted, a person faces jail time of one to 10 years, a maximum fine of $10,000, 480 hours of community service, and use of an ignition interlock device. If any of these subsequent offenses occur within five years of a previous offense, a person’s license can be revoked for up to three years.

 

In addition to these penalties, all DUI convictions require the defendant to undergo a substance abuse assessment. The defendant is also required to follow all recommendations made as a result of that assessment. Additional penalties are also sentenced when the defendant is a minor, commercial driver, or when aggravating factors were part of the offense.

 

Don’t Face DUI Charge on Your Own - An Oklahoma Criminal Defense Lawyer Can Help

 

Facing a DUI may not seem like a huge deal, but even first offenses have very serious consequences for those convicted. A criminal defense lawyer in Oklahoma can help those accused beat the charges and retain their freedom.

 

If you’ve been arrested for drunk driving, contact Banks, Gillett, Gillett, PLLC at (405) 607-4800. We know there are defenses to these charges and we will use them to create a solid strategy that will help get your charges reduced, or even dismissed altogether. Don’t face these charges on your own; give yourself the best chance of success in court and call us today for your free consultation.

What Does the Law Say About Sex Education in Oklahoma?   

What Does the Law Say About Sex Education in Oklahoma?  

What Does the Law Say About Sex Education in Oklahoma?

 

Not all kids in Oklahoma are receiving the same schooling when it comes to sex education.

 

A new law was passed in April that mandates additional curriculum topics for schools in Oklahoma that teach sex education. The problem is that while the new law is progressive and clearly very important, not all students will have an opportunity to learn about it at school because there’s a very good chance they’re not being taught sex education at all.

 

The Law on Sex Education in Oklahoma

 

While the law mandates that several subjects are taught in Oklahoma’s schools, sex education is not one of them. In fact, Oklahoma is one of about half of the states in the country that don’t have any regulation pertaining to sex ed. It’s up to the individual school boards to determine if they would like it taught. The Oklahoma State Department of Education does not even keep track of what schools teach it and what schools don’t.

 

This is concerning to some parents who would like all students to receive sexual education, but what’s taught in schools that include the curriculum is often even more concerning. When teaching sex education, schools are required to emphasize abstinence as the preferred method of birth control.

 

Whatever else is taught, including male and female anatomy and topics such as pregnancy, does not even have to be medically accurate. All schools in Oklahoma are required to teach about HIV and AIDS, including prevention methods.

 

Regardless of what is being taught in schools, schools are required to notify the parents. Parents can then choose whether or not their child will participate in the class.

 

The New Law

 

At the end of April, Governor Stitt signed into law a new bill pertaining to those schools that currently include sex education as part of their curriculum. This law, which stemmed from Senate Bill 926, requires all schools to include consent as part of their sexual education program.

 

The topic of consent should start at age 10, say legislators, although at such a young age, teachings will mainly focus on body awareness. Children are encouraged to recognize and vocalize when they don’t want a hug, or aren’t feeling affectionate. As a child ages and mature, the topics touched on became heavier, focusing on rape, what consent really means, and how everyone has a right to withdraw their consent once it’s been given.

 

Are Your Child’s Rights Being Violated? Contact an Oklahoma Education Lawyer Who Can Help

 

Every parent has the right to know what their child is learning, whether or not it falls in line with board policy, and if their child’s rights are being upheld. If you think your child’s rights are being violated at school, there is help. An education lawyer in Oklahoma City will listen to your case and advise you of any possible legal action.

 

If you feel as though your child’s rights, or your wishes, are not being upheld when your child is in school, call us at Banks, Gillett, Gillett, PLLC at (405) 607-4800. As a parent, you have the final say in your child’s education and we want to help make it easy for you to set things right. We offer free consultations, so call today or fill out our online form so we can start discussing your case.

The Four Degrees of Arson in Oklahoma

The Four Degrees of Arson in Oklahoma

It was in February of 2019 that a woman from Burns Flat visited her daughter in California to help care for her new granddaughter. While there, she received a call from neighbors stating that her house was on fire

How Does Divorce Mediation Work in Oklahoma?

How Does Divorce Mediation Work in Oklahoma?

Divorce is always difficult. However, when both parties can work together to come to a mutual agreement on the terms of the divorce, there are other options. Many couples in this situation find that mediation is a quicker and easier solution to divorce than litigation.

More Teachers in Oklahoma May Soon Carry Guns

More Teachers in Oklahoma May Soon Carry Guns

In order to try and prevent the number of shootings and deaths, legislators in the Sooner State keep coming back to one idea: allowing teachers to carry guns on school property. This, they argue, would allow teachers to defend their students and themselves in the case of an active shooter on campus.