Oklahoma's Oldest DUI Defense Firm

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

What is the difference between DWI and DUI in Oklahoma?

On Behalf of | Mar 28, 2021 | DUI - Drunk Driving |

DWI or DUI arrests and convictions can be detrimental to Oklahoma residents. Obviously, driving with a blood alcohol concentration (BAC) of .08 or higher is dangerous for the drivers, passengers and other vehicles in the vicinity. In fact, DWI and DUI combined injure approximately 2,500 and kill 220 Oklahomans each year.

Those convicted of DWI or DUI face steep fines and penalties, job loss, loss of driver’s license, or loss of professional license. So what can this mean for those who are accused of DUI?

Key differences between DUI and DWI

In Oklahoma, a DWI (driving while impaired) arrest means that there was evidence of BAC between .05 and .08 at the time of testing. In the case of DWI, additional evidence is necessary to prove the person was unable to operate his or her vehicle due to his or her BAC for a conviction. This includes determining whether the person violated local or state ordinances regarding the operation of his or her vehicle.

DUI (driving under the influence), on the other hand, is when a person is driving a vehicle on any public roads with a BAC of .08 or higher taken within two hours of their arrest. Additionally, a DUI arrest can happen when a driver has:

  • A Schedule I controlled substance, or its metabolites, in his or her saliva, blood or urine tests within two hours of his or her arrest
  • Ingested any intoxicating substance, besides alcohol, that makes him or her unable to properly operate his or her vehicle
  • Both alcohol and another intoxicating substance in his or her system that renders him or her unable to operate his or her vehicle

You can be convicted of aggravated DUI if you have a BAC of greater than .15 or child endangerment when a minor is in the vehicle. It is usually a good idea to consult with a DUI defense attorney for any arrest.