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Oklahoma DUI and DWI Laws

DUI and DWI in Oklahoma City, Oklahoma

In Oklahoma, DUI and DWI laws can carry serious consequences for a driver. It is considered a violation of the State traffic laws and is treated as a crime, if convicted. Your Oklahoma City DUI and DWI Attorney will, of course, explain the charges or arrest from the view point of your specific situation. In general, the Oklahoma laws consider anyone whose BAC (blood alcohol count) level is 0.08% or above and operating a motor vehicle subject to an arrest for DUI.

 

What determines “operating a motor vehicle”

Your Oklahoma City DUI and DWI Attorney will discuss Oklahoma law which determines you are operating a motor vehicle. In general, if you are behind the wheel of a motor vehicle, and you are on a public road, street, highway, turnpike, or any other public places you are operating a motor vehicle. Whether or not you are moving or the driver, may not prevent an arrest if you have alcohol in your system. Further, you may be arrested for DUI if operating a motor vehicle on a private road or street or alley or lane which leads to a private residence. These are considerations to be aware of. It is important that you contact an Oklahoma City DUI and DWI Attorney, as soon as you are arrested.

What is DUI and what are the possible consequences of being arrested?

Your Oklahoma City DUI and DWI Attorney most probably will explain that DUI is the consumption of alcohol or any illegal substance which causes a Blood Alcohol level of 0.08% or more or a condition which can be considered an impairment to safe driving. Your Oklahoma City DUI and DWI Attorney will most likely explain also, that being arrested is not a charge or a conviction, but most certainly will have legal and monetary consequences. These consequences may also prevent you from attaining a job or continuing in certain professions. Your Oklahoma City DUI and DWI Attorney can give you more information once he has the police reports, any hospital reports or other investigative materials to use in defense of a charge against you.

If charged, your Oklahoma City DUI and DWI Attorney will represent you before the Court, as well as negotiating with the District Attorney to see if a lesser charge may be entered which would not have as severe an outcome as a conviction for DUI. Your Oklahoma City DUI and DWI Attorney can explain the difference between DUI and the lesser charge of DWI. The difference has to do with your blood alcohol count level (BAC) you have in your system. Be certain you contact an Oklahoma City DUI and DWI Attorney as soon as possible. The sooner the better in this situation. Your Oklahoma City DUI and DWI can give you vital information about what to do when in matters to possibly lessen the consequences of your predicament.

Additionally, your Oklahoma City DUI and DWI Attorney can warn you about the APC laws in Oklahoma. APC means actual physical control. The Oklahoma Statutes do not define APC, but it is used by law enforcement when an intoxicated person is found either asleep behind the wheel and not driving, or as an intoxicated passenger. Your Oklahoma City Attorney will make sense of this when you meet to discuss your particular situation.

What are some of the restrictions and punishments for persons arrested for DUI?

The DUI laws in Oklahoma are designed to keep the general public safe on the roadways. The restrictions imposed immediately upon being arrested for DUI are a portion of the requirements imposed upon those who insist on driving while intoxicated. Again, these laws are for everyone’s safety and should be taken very seriously. Your Oklahoma City DUI and DWI Attorney cam review with you the following specific procedures found in the Oklahoma Statutes, Article 9, Section 11-902.

  1. Any adult person who is convicted of DUI as a first offense, shall be guilty of a misdemeanor and shall (a) participate in an assessment and evaluation and follow all recommendations thereof, (b) be punished by imprisonment in jail for not less than 10 days nor more than 0ne year, and (c) be fined up to $1,000.00
  2. Your Oklahoma City DUI and DWI Attorney will inform you of these other situations. For those persons who received a deferred judgment for any violation of any law of Oklahoma or another state or having a prior conviction in a municipal criminal court of record commits a subsequent violation within 10 years of the completion of the sentence or deferred judgment time, upon conviction, shall be guilty of a felony and participate in an assessment and evaluation and sentenced to (a)follow all recommendations made in the assessment and evaluation for treatment at their expense OR (b) be confined in the custody of the Oklahoma Department of Corrections for 1 year up to 5 years and fined $2,500..00 OR (c) treatment, imprisonment and a fine. The person shall serve a term of imprisonment of at least 5 days either in residential or inpatient treatment or with DOC.

Your Oklahoma City DUI and DWI Attorney can assure you that the above are examples of the severity of the DUI convictions and the more DUI convictions you receive, the longer and more complicated are the consequences.

  1. Your Oklahoma City DUI and DWI Attorney can further give you information regarding the violation of murder in the second degree or manslaughter in the first degree , the death of a person being caused by driving under the influence of alcohol or other intoxicating substance and is convicted again, will spend from 5 years to 20 years in the Department of Corrections with a fine of $10,000 imposed.

What are the consequences for a person under 21 years of age driving intoxicated ?

If you are between 21 and 18, consult an Oklahoma City DUI and DWI Attorney. You will be informed that it is unlawful to drive, operate, or be in actual physical control of a motor vehicle within the State of Oklahoma if:

  1. You have a measurable quantity of alcohol in your blood or breath tested within 2 hours of being arrested; or
  2. You exhibit evidence of same.

Your Oklahoma City DUI and DWI Attorney will advise you of the consequences for a first offense.

You are subject to seizure of your driver’s license, a fine of $100 to $500; order to complete 20 hours of community service; requirement to attend and complete treatment program, or any combination of fine, community service, or treatment.

Your Oklahoma City DUI and DWI Attorney will advise you that Upon a second violation the number of community hours may exceed 200 hours, and you will be subject to the installation of an ignition interlock device on your vehicle after a mandatory revocation period of your license.

What can happen to me if I am under 18?

Your Oklahoma City DUI and DWI Attorney will advise that you will most likely be charged and subject to a juvenile delinquency adjudication by a Court.

The laws are less lenient for younger drivers. However, they are subjected to punishment just as adults are. Your Oklahoma City DUI and DWI Attorney will tell you that it is imperative that you take a driving course through a certified instructor, and maintain your vehicle according to the standards set for your particular vehicle. Your Oklahoma City DUI and DWI Attorney most certainly will advise you to carry insurance according to Oklahoma law and are particularly mindful of the laws involving consumption of alcohol and other substances which can impair your judgment while driving.

 

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