Tulsa DUI/DWI (Drunk Driving) Defense Lawyer
In the state of Oklahoma drinking alcohol and/or using drugs while operating a motor vehicle constitutes Driving Under the Influence (DUI). Repercussions related to a DUI conviction may include incarceration, license suspension, hefty fines, mandated drug and alcohol assessment, and required attendance in drug/alcohol classes. It is important that you speak to a DUI/DWI defense attorney immediately in order to minimize the potential for severe legal repercussions.
How you are charged depends on the specific facts and circumstances surrounding your arrest. You may be charged with Driving Under the Influence (DUI) if you are arrested while operating or being in actual physical control of a motor vehicle and found to have:
a blood or breath alcohol concentration (BAC) of 0.08 or higher;
- be under the influence of any Schedule I controlled dangerous substance;
- be under the influence of a combination of alcohol and any other intoxicating substance; or,
- be under the influence of any other intoxicating substances which may render you incapable of operating a motor vehicle.
You may also be charged with DUI if you refuse to submit to the state’s test (which may be a breathalyzer, blood or urine test).
Oklahoma also recognizes a situation in which you are not actively driving or operating the motor vehicle but are in actual physical control of a motor vehicle (APC). Although you will be charged for a violation of the same Oklahoma statute, APC merely requires that the vehicle involved could be driven. Sitting in your vehicle while under the influence of drugs and/or alcohol is not a safe option even if you do not intend upon driving.
If you have been charged with DUI for the first time or if you have completed all sentencing requirements for a previous DUI conviction more than (10) years ago you will be charged with a misdemeanor DUI. If your particular circumstances do not meet this criterion you will be charged with felony DUI.
A misdemeanor DUI carries possible punishment of ten (10) days to one (1) year in County jail, a fine not to exceed $1,000.00, mandatory participation in a drug and alcohol assessment, attendance of a victim impact panel program, community service, and supervised probation. These penalties are in addition to any actions taken by the Oklahoma Department of Public Safety regarding your privileges to operate a motor vehicle.
A felony DUI carries may include incarceration in the Oklahoma Department of Corrections (DOC) of up to twenty (20) years, a fine up to $5000.00, mandatory substance abuse treatment, the required installation of an ignition interlock device, up to 480 hours of community service, and payment of all expenses associated with meeting requirements set forth by the Court. These penalties are in addition to any actions taken by the Oklahoma Department of Public Safety regarding your privileges to operate a motor vehicle.
For more information see Oklahoma’s DUI/APC statute below: Title 47 section 11-902
Minors can be charged with all of the above crimes, consumption of alcohol by persons under age 21 is illegal in all states and Oklahoma has a zero tolerance policy. Any person under the age of 21 can also be found guilty of a DUI if they have a BAC (blood alcohol level) of at least .02 will be charged with DUI. Repercussions for minors may include the loss of your license for up to six (6) months, a fine ranging from $100 to $500, required participation in a substance abuse programs and assignment of community service.
Adults charged with a DWI in Oklahoma can expect to lose the privilege of having a driver’s license for 30 days, fines ranging from $100 to $500, and a jail sentence of up to six (6) months. A DUI or APC charge can result in loss of license privileges from six (6) months up to three (3) years, fines ranging from $500 to $1250, up to one year in jail, required attendance at a victim’s impact panel, mandatory drug and alcohol assessment, required recommendations resulting from the panel and participation in substance abuse programs.
For more information see Oklahoma’s DUI under 21 statute here: Title 47 section 11-906.4
You will likely be charged with Driving While Impaired (DWI) if your BAC (Blood Alcohol Level) is greater than .05 but lower than .08. Unlike DUI, DWI’s are always considered to be misdemeanors in the state of Oklahoma.
The range of punishment for an Oklahoma DWI is up to six (6) months in the County jail, a fine of $100.00-$500.00, mandatory participation in a drug and alcohol assessment and suspension of your Oklahoma driver’s license as follows:
- First Conviction: Thirty (30) Days
- Second Conviction: Six (6) Months
- Third or any Subsequent Conviction: One (1) Year.
For more information see Oklahoma’s DWI statute here: Title 47 section 761
The rules for holders of Commercial Driver’s Licenses (CDL) are stringent in the state of Oklahoma. CDL drivers can be convicted of a DUI for testing at a BAC level of .04 or higher while operating a commercial or personal vehicle.
Contact the Tulsa based Law Offices of Greg Lavender immediately if you are charged with a DUI or any alcohol related offense. The more quickly you enlist the help of a seasoned Oklahoma DUI lawyer the better able our offices will be to assist you, protect your rights and get you back on track and moving forward with your life.
All drug and alcohol related charges are very serious and can have profound effects on your freedom and future. You deserve to be represented by a firm that puts your needs first. Call us now for a free consultation to learn more.
