Oklahoma City, Tulsa, Edmond, Lawton, and all other cities in the state of Oklahoma have the same laws when it comes to Driving Under the Influence (DUI). When a DUI traffic stop and arrest takes place, it is important for individuals to begin fighting their charges as soon as possible in order to keep their life on track. DUIRights.com is a resource that individuals with a pending DUI conviction can use to help build a strong case in the hopes of having the charges against them dropped and the case dismissed.
First Time DUI Penalties in Oklahoma
When an individual is arrested for DUI in the state of Oklahoma, if he or she has a Blood Alcohol Content (BAC) of 0.08 percent or higher, his or her license will automatically be revoked, regardless of whether or not a final verdict of guilty is reached. After the trial, if the individual is in fact found guilty, he or she will face the following penalties as punishment for Driving Under the Influence:
- $100 to $500 Monetary Fine
- Up to 6 Months in Jail
- License Suspension of 30 Days
Why Your DUI Rights are Important in Oklahoma
After being arrested and charged with DUI, it is important for individuals to seek the legal help of a professional attorney who is well versed in DUI laws in the state of Oklahoma. The best possible outcome of a Driving Under the Influence case is having the charges against dropped and having the case dismissed from court without having to pay any penalties. In order to build a strong enough case for this outcome, the individual’s attorney will need to know about the arrest.
In far more cases than you would think, rights are violated during a DUI arrest. When a rights violation comes into play, it makes it easier for an attorney to leverage this information against the prosecutor to either arrange a plea bargain (if it is allowed under state law) or to take the case to the judge and have it dismissed. In order to know if the individual’s rights were violated, the lawyer will usually ask some, if not all, of the following questions to understand what happened during the arrest:
- Why did the officer pull the individual over?
- Did the officer recite the individual’s Miranda Rights?
- Was the individual driving the vehicle?
- Did the officer administer sobriety testing, including a Breathalyzer test?
- Were the officer’s observations the same as other eye witnesses?
Protect your rights and learn how to get your Oklahoma DUI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation Form to get the answers you need.
You still have a chance to improve your situation once you learn the steps needed to eliminate your Oklahoma DUI charges. Oklahoma DUI penalties have become inflated calculations by the court system favored towards the courts themselves and attorneys specializing in this field. Over the past 14 years, DUIRights.com has helped thousands of people just like you. Good people with families, jobs, and friends. People who are now facing one of the worst days of their lives after being charged with DUI. We sincerely believe that people who make a mistake shouldn’t have to pay for it the rest of their lives.
No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed as we will show you how to do.
If you rely solely on a public defender to help you, your chances will be limited in preserving financial security and effectively winning your case. With our help, we will show you the easy to understand steps needed to get your Oklahoma DUI charges dismissed effectively and take back the control of your situation by being equipped with the real information and attorney you need to win your case.
DUI Laws in Oklahoma
Oklahoma is a state offering a wide range of penalties for all DUI offenders. For instance, first time offenders may receive a jail sentence for as little as five days or as long as one year. The conditions of the arrest as well as your blood alcohol content level (BAC) will play a significant role in how the judge sentences your case.
Consequences for Refusing to Take Chemical Tests
Oklahoma has a revocation plan in place for all DUI offenders refusing to take chemical tests at the time of their arrest. Unlike a suspension, when your license is revoked, you lose it completely and must once again go through all testing in order to get it back at the completion of your sentence
- First offense – six-month revocation and an Ignition Interlock Device (IID) must be installed on your vehicle for 18 months
- Second offense – one year license revocation
- Third offense – three-year license revocation
Challenging BAC Levels in Court
Oklahoma uses standard guidelines for blood alcohol content (BAC) for “of age” drivers, but is a zero tolerance state for underage drinking:
- Drivers that are under the age of 21, .00 percent, zero tolerance
- Drivers 21 years of age and older, .08 percent
- Commercial drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI in Oklahoma?
Oklahoma offers flexible sentencing on all violations with a relatively short mandatory sentence for first time offenders. However, repeat offenders will find that both the minimum and maximum sentences to be rather significant:
- First offense – jail sentences ranging from five days to one year
- Second offense – jail sentences ranging from one to five years
- Third offense – jail sentences ranging from one to ten years
The lookback period in Oklahoma is 10 years.
Monetary Fines and Penalties for DUI in Oklahoma
Just as the state does with jail sentences, judges have a wide berth when deciding upon the financial penalties imposed on a convicted DUI driver:
- First offense – up to $1,000 in fines
- Second offense – up to $2,500 in fines
- Third offense – up to $5,000 in fines
License Suspension for DUI in Oklahoma
This is the one area of the law that is not at the discretion of the judge. All suspensions are clearly dictated by state law:
- First offense – 30-day license suspension
- Second offense – 6-month license suspension
- Third offense – 1-year license suspension
First time offenders do not have to have an IID installed unless they have refused to take the chemical tests. If that is the case, the device will have to be in place for 18 months after they get their license back. All repeat offenders in Oklahoma are required to have an IID installed.
When Do You Need a DUI Attorney?
Once the individual is arrested and charged with DUI or DWI, he or she should contact an attorney. The license suspension associated with a DUI arrest is immediate and the offender only has a short time to file a request for an administrative hearing to handle the suspension. This hearing will deal only with the license suspension while the conviction for the crime will occur during another hearing. An attorney should be present with the offender at both the administrative and criminal hearings.
Why Should I Hire a DUI Attorney?
An attorney who specializes in DUI or DWI cases in the state of Oklahoma will have extensive knowledge and experience working with DUI law and regulations. Because of this, it is easy for them to determine whether or not any of the offender’s DUI rights were violated during the arrest and can also point out other flaws in the state’s case. A reputable attorney will be able to build a case based on the state’s and the offender’s evidence to hopefully have the charges dismissed or have the penalties reduced.
Finding a DUI Lawyer in Oklahoma
Any criminal arrest can drastically change an individual’s life. Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) is no exception. In the state of Oklahoma, first DUI offenders can face punishments of a 30-day license suspension and having to use an ignition lock device. Depending on the circumstances, offenders may have to take alcohol education classes, submit to alcohol dependency assessments and treatment as well as face the possibility of having their vehicle confiscated.
With the seriousness of these punishments being a possibility for offenders, it is understandable why hiring a DUI attorney is an important part of fighting the charges. Having to deal with these penalties can alter both the professional and person life of a defendant. A reputable DUI attorney will be able to evaluate the individual’s case and work with his or her to help fight the charges to have the case dismissed or the penalties reduced.
As you can see, many of the penalties and fines for DUI in Oklahoma are at the discretion of the judge. Having a skilled Oklahoma DUI attorney defending you can often make the difference in minimum or maximum penalties. If you would like to have your case evaluated free as well as finding the best DUI attorneys in Oklahoma, fill out the Free DUI Arrest Form today.
Should I Use a Public Defender?
For individuals who cannot afford their own attorney, a public defender will be appointed to them by the state. Although getting free representation may be tempting, it is important to note that public defenders do not have the extensive knowledge of DUI law that many private attorneys have. Because of this, it is possible for the public defender to ask the individual to settle the case in a plea deal – although a plea deal will often have fewer penalties than a full conviction, it will still be a person’s criminal record.