DUI Reference Guide

Oklahoma DUI Laws

Any driver who is under the influence of alcohol and or drugs while driving a vehicle or even if inside a vehicle with the possibility of operating that vehicle can face serious charges.  Individuals who drive while under the influence can be arrested for DUI.  Anyone who drives while impaired can be arrested for a DWI.  In addition, a person can be inside a vehicle but not driving and be arrested for Actual Physical Control of a Vehicle. (APC).  These are all serious charges and anyone arrested on any of these charges should consult with a lawyer.

A DUI arrest brings about two actions against the accused.  The first is that a driver can have their license suspended.  The Department of Public Safety will initiate these actions.  Those arrested are entitled to a hearing but only if they take the appropriate steps in requesting the hearing in 15 days or less after they are arrested.  Having a hearing does not mean a person will not have their license suspended but instead provides them with the opportunity to present a case in an attempt to retain their driving rights. 

Anyone who is charged with a DUI, DWI or APC will also face court proceedings.  Those who are eventually convicted of DUI can be sentenced to jail sentences and ordered to pay fines.  Some individuals will be mandated to receive alcohol or drug treatment.  Community service and other penalties can also apply. 

Being convicted of a DUI will fall under one of two categories.  If an individual is stopped by an officer who believes the person is driving drunk, they can be tested to view their blood alcohol level.  If a person has a blood alcohol content that meets or exceeds 0.08%, they can be charged with a DUI.  Anyone under 21 years of age is not allowed to drive with a BAC of 0.02% or higher and can therefore be arrested for a DUI when meeting that criteria.  Drivers who appear to be impaired in their ability to drive safely and efficiently can also be arrested for a DUI. 

DWI charges are a bit different from DUI charges.  DWI is when a person is driving while they are in some way impaired by alcohol or other controlled substances.  If an individual is found to be in some way impaired while having a blood alcohol content that does not meet or exceed the legal limit, they can be arrested for DWI.  Penalties for this crime are typically not as drastic as those for a DUI or APC charge. 

APC charges in Oklahoma are a bit different than DUI charges.  This law was set into place to crack down on people who could end up driving while impaired or while under the influence.  Simply being in an automobile with the ability and potential to drive is enough for an APC arrest if a person is found to be under the influence.  Even though the person is not physically driving at the time, they face pretty well the same consequences as those who are arrested for a DUI if they are found guilty.

A person who is convicted of a DUI will face penalties of varying intensity depending upon the number of previous offenses.  First time offenders could spend as much as one year in prison.  Community service can also be ordered.  DUI convictions also result in fines and the possibility of other penalties.  Some individuals might be required to enter a treatment program for any alcohol or drug abuse and addictions. 

Multiple offenders face even harsher penalties.  Some individuals will be required to place an ignition interlock system on all their vehicles after their driver’s license is reinstated.  Some people could serve as much as ten years in prison depending upon their number of convictions.  Fines can be as high as $5000.

Anyone arrested for a DUI will also have actions taken against their license.  Suspensions can last anywhere from three months to three years.  The more DUI charges a person has on their record, the longer they will lose their license. 

Anyone arrested for a DUI, DWI or APC should consult an attorney.  These charges are serious and the various rules and regulations can be confusing.  A lawyer will help a person to create a defense.  They can also represent someone when they have their hearing in an attempt to keep their driving privileges.  Ideally a person will find a lawyer who specializes in DUI law.  They are best able to help a person to defend their case and to protect their rights.