Oklahoma's Oldest DUI Defense Firm

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

DUI laws and first offenses in Oklahoma

On Behalf of | Apr 7, 2022 | DUI - Drunk Driving |

The CDC reports that 1.8% of Oklahoma drivers have admitted to driving after drinking. A driver in Oklahoma City may face several penalties if they are convicted of drunk driving.

Overview of Oklahoma DUI laws

Standard drivers with a blood alcohol content of 0.08 or higher are considered to be under the influence under Oklahoma law. The limit is lower for commercial drivers at 0.04, and drivers under 21 are not allowed any amount of alcohol.

A driver may get charged with drunk driving based on their blood alcohol content level alone, which is known as per se DUI. It means the officer doesn’t need any other evidence to prove to the court that the driver was impaired. Other ways a driver can get charged are by being in physical control of a vehicle while:

  • Under any amount of a Schedule I substance, including metabolites or analogs
  • Impaired on drugs and alcohol to the point it hinders their ability to drive safely

Penalties for first offenses

First offenders face up to one year of jail, up to a six-month license suspension and a maximum fine of $1,000. They may apply for limited driving privileges under the impaired Driving Accountability Program, which requires an ignition interlock device. All first offenders are required to install ignition interlock devices for 18 months after license suspension.

Jail sentences may get suspended if the driver agrees to undergo a substance abuse treatment program or an educational course. Aggravating factors, such as a BAC of 0.15 or more or having a minor present, result in extra penalties.

Drivers between ages 18 and 20 could face penalties of community service, fines up to $500 and a six-month license suspension. Drivers who refuse a breathalyzer test after getting arrested also face an immediate one-year license suspension for a first refusal.

A DUI comes with many other fees, but just because a person is charged doesn’t mean they’re guilty. They may defend against the charges during a trial or try to get a plea bargain.