Underage driving under the influence (DUI) is a criminal charge in Oklahoma. Statewide, drivers under 21 are subject to “zero tolerance” laws. If a motorist under 21 has any measurable level of alcohol in their system, they risk a criminal conviction, along with the penalties and collateral consequences that come with it.
How Oklahoma’s Zero Tolerance Laws Impact Underage DUI Charges in Oklahoma
Police officers can arrest an individual under 21 if they have any amount of alcohol in their system. To understand Oklahoma’s zero-tolerance laws and how they apply to this situation, consider an example.
A motorist under 21 engages in alcohol-impaired driving, and the police pull them over. Police officers perform a breathalyzer test and find that this individual has a blood alcohol content (BAC) of 0.01%.
The driver’s BAC is below the legal limit of 0.08% for drivers 21 and older. Regardless, with Oklahoma’s zero-tolerance laws, motorists 21 and younger are legally obligated to have a BAC of 0.00%. As such, even if a driver’s BAC is 0.01%, they may be arrested and charged with a DUI.
What to Expect If You Are Charged with an Underage DUI in Oklahoma
The prosecutor in your underage driving under the influence case will commit substantial time and resources to get you convicted. If you try to ignore your criminal charge, you will be punished. Some of the penalties that you will face if you’re convicted of an underage DUI include:
- Jail time
- A fine
- Community service
- Alcohol treatment
Outside of these penalties, the Oklahoma Department of Public Safety (DPS) will suspend your driver’s license immediately. You have the right to request an administrative hearing within 15 days to contest your driver’s license suspension.
There are also collateral consequences of an underage DUI to consider. Such consequences can include a criminal record that makes it tough to secure a job or housing, limits your ability to travel outside the United States, and disrupts your relationships with family and friends.
A first-time underage DUI may be treated as a misdemeanor. Times when an underage DUI is classified as a felony include when an offender was previously convicted of this criminal offense or if anyone involved was injured or killed.
How to Respond to an Oklahoma Underage DUI Charge
Partner with an Oklahoma underage DUI defense attorney as soon as possible following your arrest. Your lawyer can help request a DPS hearing and boost your chances of keeping your driver’s license. Meanwhile, they may enter a “not guilty” plea on your behalf during your initial court appearance. Your lawyer may do this in the hopes of reviewing the prosecution’s evidence and negotiating a plea deal.
Your attorney may advise you not to say anything about your case. The prosecution may use your words against you. Because of this, your lawyer can discuss your case with a prosecutor for you. They can update you on plea bargain negotiations, and if an offer is made, share the proposal with you.
If no plea agreement is reached, your lawyer will make sure that you’re prepared for your trial. They may challenge the legality of your traffic stop, contest your breathalyzer or blood test results, or take other measures to disprove the prosecution. At the same time, your lawyer will dispute the claims that the prosecution makes against you.