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Oklahoma DUI Law

Oklahoma DUI Law

08 09.08

If you’ve been arrested for DUI, Oklahoma APC, DWI or other alcohol related offense in Oklahoma, you have only 15 DAYS from the date of arrest to request a hearing with the Department of Public Safety. Retaining a DUI attorney will dramatically increase the chances of saving your license.

Oklahoma DUI arrests trigger two separate cases: First, there is the Oklahoma DUI criminal case, where a variety of criminal punishments can be imposed by the court. These DUI punishments may include fines, jail, mandatory alcohol education, ignition interlock devices ordered, and more. However, every Oklahoma DUI arrest also gives rise to a separate civil action against that person’s Oklahoma driving privileges.

The Department of Public Safety (DPS) is trying to take away your driver’s license. Oklahoma DUI cases therefore have two separate components, and each must be addressed separately.

There are three basic alcohol related offenses:

Under the first theory of Oklahoma DUI prosecution, the focus is on the condition of the driver, and whether or not they are able to drive with the caution characteristic of a sober person. Under the second theory of Oklahoma DUI prosecution, the focus is not on the driver, but only on the driver’s body chemistry.

Oklahoma DUI charges may be filed on either of two theories. First, Oklahoma DUI will be filed if someone is driving while under the influence of alcohol and/or drugs. The consideration of whether or not someone is “under the influence” for purposes of Oklahoma DUI laws relates to whether or not the person’s driving abilities have been legally impaired by the consumption of alcohol and/or drugs.

Oklahoma DUI charges can be brought against someone based purely on body chemistry, no matter how well they are driving. Oklahoma, like many other states, has a “per se” law, which means that it is a violation of Oklahoma DUI law to drive with a blood or breath alcohol level of .08% BAC or more.

Oklahoma DUI punishment and penalties for a first-offense DUI can include a fine, a jail sentence that can reach up to one year, the possibility of mandatory in patient treatment (if the breath test is .15% BAC or higher), 480 hours of community service, and ignition interlock on all vehicles.

Oklahoma DUI punishment for people with prior drunk driving convictions will increase substantially, both in terms of the court case and the driver’s license consequences from the DPS. It is not unheard of for Oklahoma DUI convictions to include fines of up to $5,000.00 and jail terms of up to 10 years, plus all of the other Oklahoma DUI consequences outlined above. It is possible to suffer a vehicle forfeiture because of an Oklahoma DUI conviction.

Getting a designated driver is always the best idea. However for the best Oklahoma DUI Lawyers visit the Oklahoma DUI Law Directory.
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