Driving Under the Influence of Alcohol

Driving Under the Influence of Alcohol in Oklahoma is a serious crime. The Oklahoma statutes regarding DUI  set out that it’s unlawful to drive under the influence of alcohol. Although this statutory description of the crime seems obvious, from a practical point it isn’t always that easy. Law enforcement uses several different tools to try and prove that you’re DUI. Its not unusual for them to misuse them or exaggerate the circumstances that tend to show that you’re DUI. If you’ve been charged with Driving Under the Influence of Alcohol in Oklahoma you need serious legal help.

Punishment For Oklahoma DUI:

• • First  Offense – The first Oklahoma DUI offense in Oklahoma is a misdemeanor punishable by ten (10) days to one (1) year in the county jail and/or a fine up to one thousand dollars.

• • Second Offense – A second Oklahoma DUI offense within ten (10) years of the first is a felony punishable by one (1) to five (5) years Department of Corrections (State Prison) and/or a fine of up to $2,500.  Additionally a defendant may be required to complete recommended treatments of an assessment agency at the defendant’s expense.

• • • Second  Felony Offense – A second Oklahoma DUI felony offense within ten (10) years of the first felony offense is a felony a punishable by one (1) to ten (10) years Department of Corrections (State Prison) and/or a fine of up to $5,000.  Additionally a defendant may be required to complete recommended treatments of an assessment agency at the Defendant’s expense, 250 hours of community service, and/or mandatory installation of an interlock device (breathalyzer) in the Defendant’s car.
  • Third felony offense – A third Oklahoma DUI felony offense within ten (10)  years is a felony punishable by one (1) to twenty (20) years Department of Corrections (State Prison) and/or a fine of up to $5,000.  Additionally a defendant may be required to complete recommended treatments of an assessment agency at the defendant’s expense, more than one (1) year supervision and periodic testing at defendant’s expense.

Oklahoma Driving Under The Influence of Alcohol – Okla. Stat. tit. 47 § 11-902(A) (2018).

A. It is unlawful and punishable as provided in this section for any person to drive, operate, or 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 dwellings, who:

1. Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more at the time of a test of such person’s blood or breath administered within two (2) hours after the arrest of such person;

2. Is under the influence of alcohol;

3. Has any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person’s blood, saliva, urine or any other bodily fluid at the time of a test of such person’s blood, saliva, urine or any other bodily fluid administered within two (2) hours after the arrest of such person;

4. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or

5. Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle.

B. The fact that any person charged with a violation of this section is or has been lawfully entitled to use alcohol or a controlled dangerous substance or any other intoxicating substance shall not constitute a defense against any charge of violating this section.

C. 1. Any person who is convicted of a violation of the provisions of this section shall be guilty of a misdemeanor for the first offense and shall:

a. participate in an assessment and evaluation pursuant to subsection G of this section and shall follow all recommendations made in the assessment and evaluation,

b. be punished by imprisonment in jail for not less than ten (10) days nor more than one (1) year, and

c. be fined not more than One Thousand Dollars ($1,000.00).

2. Any person who, having been convicted of or having received deferred judgment for a violation of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided in this section, Section 11-904 of this title or paragraph 4 of subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes, or having a prior conviction in a municipal criminal court of record for the violation of a municipal ordinance prohibiting the offense provided for in this section commits a subsequent violation of this section within ten (10) years of the date following the completion of the execution of said sentence or deferred judgment shall, upon conviction, be guilty of a felony and shall participate in an assessment and evaluation pursuant to subsection G of this section and shall be sentenced to:

a. follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense, or

b. placement in the custody of the Department of Corrections for not less than one (1) year and not to exceed five (5) years and a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), or

c. treatment, imprisonment and a fine within the limitations prescribed in subparagraphs a and b of this paragraph.

However, if the treatment in subsection G of this section does not include residential or inpatient treatment for a period of not less than five (5) days, the person shall serve a term of imprisonment of at least five (5) days.

Tulsa Oklahoma DUI Attorney

If you’ve been charged with driving under the influence of alcohol you don’t have to go it alone. The punishment for DUI makes the need for serious legal help absolutely necessary. Our attorneys in Tulsa have handled countless DUI cases and DUI expungements throughout the state. Call today and get a free consultation at (918) 743-2233