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criminal felony

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.

Does Oklahoma Have a Stand Your Ground Law?

Does Oklahoma Have a Stand Your Ground Law?

When many people think of the Stand Your Ground law, they often think about Florida. This law in the Sunshine State was an issue of great debate during the 2013 trial of George Zimmerman after he shot Trayvon Martin. However, Florida’s not the only state that has a Stand Your Ground law. Other states do as well, including Oklahoma.

Defining Possession With Intent to Distribute in Oklahoma

Defining Possession With Intent to Distribute in Oklahoma

If the latest bill is passed, a person possessing fewer than four grams of any drug cannot face PWID/PWIT charges. If the prosecution still wishes to lay PWIT/PWID charges, they must show that at least three of seven other circumstances were included in the crime.