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Attorneys Stephen G. Fabian Jr. and Brian P. Young

Oklahoma’s aggravated DUI law imposes increased penalties

On Behalf of | Sep 3, 2020 | DUI - Drunk Driving |

When police pull over a motorist for driving under the influence (DUI) in Oklahoma, offenders face several penalties. Punishments include license suspension, fines and even jail time.

The state may increase penalties based on the nature of the DUI charge, called an aggravated DUI. Oklahoma drivers who understand the rules and punishments of an aggravated DUI can make better and safer driving decisions.

The consequences of elevated blood alcohol content

Like all states in the U.S., Oklahoma law establishes a legal driving limit for a person’s blood alcohol content (BAC) at .08%. Driving at or above this BAC will result in a DUI. Oklahoma also supports an implied consent law, which means that every driver on Oklahoma roads automatically consents to a BAC test. Failure to do so will result in fines, a 180-day license suspension and other penalties.

Drivers operating a motor vehicle with a BAC of .15% or higher will incur an “aggravated” DUI charge. Standard DUI sentencing for a first-time offender includes up to one year in jail, license suspension and around $1,000 in fines. Those convicted of an aggravated DUI will incur additional penalties:

  • Mandatory in-patient 28-day alcohol treatment
  • One year of probation upon release from a treatment facility
  • Periodic testing and alcohol monitoring for the duration of probation
  • Installation of an ignition interlock device (IID)
  • 480 hours of community service

Oklahoma law considers first time offenses for any DUI a misdemeanor, but second and third offenses as felonies. Second and third-time offenders will face additional jail time, increased fines and up to three years of license revocation.

Those facing DUI charges need a strong legal defense

Oklahoma drivers facing an aggravated DUI charge can bring their questions to a local attorney familiar with Oklahoma’s complex DUI laws. A lawyer can assess one’s case, work with the judge to reduce the charges and protect one’s rights.