If you were arrested for a Oklahoma DUI or DWI, an officer believed that you were operating a motor vehicle under the influence of alcohol and/or drug(s). The law enforcement officer believed that your motor skills, mental faculties and reaction times were so impaired that you were unable to operate your motor vehicle safely. Driving with a blood alcohol content of .08% or greater is considered per se, or automatically, driving under the influence of alcohol (DUI). In Oklahoma, a classification of Driving While Impaired, means that while you may be below the .08% threshold, the officer found that your level of impairment was such that you were unable to operate your vehicle safely. Below we have outlined the most important information for you to inform yourself about Oklahoma DUI, DWI, and APC (Actual Physical Control).
The 3 Types of Oklahoma DUI Violations
IMPORTANT: OKLAHOMA LAW STATES THAT YOU HAVE 15 DAYS FROM YOUR ARREST FOR YOUR ATTORNEY TO REQUEST A DRIVER’S LICENSE HEARING WITH THE OKLAHOMA DEPARTMENT OF PUBLIC SAFETY. You or your Oklahoma DUI attorney must submit a letter requesting your administrative hearing within 15 days of being arrested, or your license will be automatically suspended.
Oklahoma DUI – .08% BAC and higher
If this is your first Oklahoma DUI and you’re found guilty, you can spend a minimum of 10 days in jail and face up to thousands of dollars in fines. Other penalties may include community service, mandatory alcohol/drug treatment, and the installation of an ignition interlock device. You face a license suspension of six months. Subsequent DUI offenses within a 10 year look-back period will up the ante of penalties with longer jail sentences and increased fines.
Oklahoma Aggravated DUI – .15% and higher
If convicted in Oklahoma of an Aggravated DUI, your blood alcohol content was .15% or above. An aggravated DUI on a first time DUI offender carries additional punishment including mandatory inpatient substance abuse treatment, community service, and mandatory installation of an ignition interlock device.
Oklahoma DWI – .05% BAC to .07% BAC
Oklahoma DWI means you were Driving While Impaired. An Oklahoma DWI’s punishments can usually be half of what a DUI or APC punishment is. The good news is your driver’s license isn’t subject to the same penalties as a DUI or APC conviction. However, if convicted, a DWI charge can result in you losing your license for 30 days and result in fines and fees. Jail is not usually required.
Oklahoma APC – You’re Not Driving, But Could Be – With a .08%+ BAC
Oklahoma APC means you were in Actual Physical Control of the vehicle, but weren’t actually driving it (you were parked). To put it simply: if you’re in your car, and could drive your car – and you’re found to be over the .08% legal limit – it’s charged essentially as a full-blown DUI. As such, the penalties for APC are the same as DUI, including the same licensing issues with Oklahoma Department of Public Safety.
Oklahoma DUI / DWI Lawyers
A DUI arrest does not mean a DUI conviction. A good Oklahoma DUI attorney or criminal defense attorney will be able to assist you with the two separate cases. They will be able to handle both the criminal DUI charges and the case with Oklahoma Department of Public Safety (DPS), regarding your license suspension or revocation.
General Information on Oklahoma DUI /DWI
The Whole “Getting A Work Permit License” Issue
If this is your first Oklahoma DUI, or your license was suspended /revoked for 6 months you are eligible for a work permit to drive to and from work during your suspension. Additionally, if you really want the privilege – and convenience – of driving yourself to work, you’re going to have to pay extra for it, including a $150 fee. You’re also required to install a ignition interlock device which will set you back $500 for the 6 months. For those of you that carry a Class “D” license, Oklahoma DOES NOT issue Commercial Driver’s Licenses. That’s why it’s crucial for your attorney to contest any license suspension with Oklahoma DPS. It could be the difference between keeping your job or losing it!