DUI Punishment in Tulsa Oklahoma

DUI Punishment in Tulsa Oklahoma depends on many factors. What is the penalty for driving under the influence (“DUI”) in Oklahoma? Will I go to jail or lose my license? Should I hire a Tulsa DUI attorney if I have been arrested? These are some of the questions that might be on your mind if you find yourself on the wrong side of the law in Oklahoma for an alcohol-related or drug-related driving offense. Here’s more on the DUI laws in Oklahoma and what you could do if you are arrested and charged with an offense.

DUI Punishment in Oklahoma Explained

In Oklahoma, you are not allowed to drive when you have a blood alcohol concentration (“BAC”) of .08% of higher. If you do, you could get arrested and charged with DUI. In fact, you could be arrested and charged with an offense by having a lower BAC (.06% or .07%), which is known as driving while impaired (“DWI”) in Oklahoma  –  a less severe offense.

Also, Oklahoma makes it illegal for you to be in actual physical control (“APC”) of a motor vehicle while you are under the influence, such as where your keys are in the ignition and you are in the passenger seat.

It is also unlawful to operate a motor vehicle with any Schedule I controlled substance in your system. Schedule 1 substances, which are drugs that have no currently accepted medical use and a high potential for abuse, including opiates and hallucinogenic substances.

Here are the main consequences of a DUI in Oklahoma:

First Drunk Driving Offense:

Second DUI Offense Felony:

Third DUI Offense:

  • Fine: Up to $5,000
  • Jail Time: 1-10 years
  • License Revocation: 3 Years
  • Charged as a Felony

Notably, a DUI could be a misdemeanor or a felony depending largely on your prior record and the circumstances of the incident. Typically, your first offense is construed as a misdemeanor as long as a minor was not in your vehicle and you did not hurt anyone. However, repeat DUI or APC offenses might be classified as felonies. Oklahoma considers you to be a repeat offender if you are arrested within 10 years from the date that you were convicted or had completed a jail sentence for a prior DUI or APC.

Also, you are looking at an aggravated DUI charge if your BAC is 1.5% or higher. An aggravated DUI is not a felony. However, you face additional punishment, such as the requirement of having a device installed in your vehicle that detects your BAC called an ignition interlock device (“IID”). You might also have to undergo additional testing and supervision.

Other DUI or APC penalties include community service, probation, counseling and completion of drug treatment or education courses.

Impaired Driving Accountability Programleaving the scene of an accident

Typically, within 30 days of your DUI arrest, you are notified that your driver’s license will be revoked. However, you might be eligible for Oklahoma’s Impaired Driver Accountability Program (“IDAP”) which can enable you to obtain a restricted license that allows you to keep driving for particular purposes such as commuting to work, school or the doctor’s office.

Under IDAP, you’ll have to get an ignition interlock device installed in any vehicle that you drive. If this is your first DUI, then the ignition interlock device is required for six months, but it could be for 1.5 years if your BAC is .15% or more or if you refuse to take a breathalyzer test. The ignition interlock device requirements extend to 4 years for second offenses and 5 years for third offenses.

Successful Completion of IDAP Program

To complete IDAP, you have to avoid any ignition interlock device violations. Failure to do so can result in a longer restriction period and possibly additional restrictions such as limitations being placed on your driving hours. Notably, upon completion of the program, your license revocation won’t appear on your record, and you should not have to pay any fees to reinstate your license. To enroll in IDAP, you’ll have to submit an application to the Department of Public Safety no later than 30 days of being notified about your driver’s license revocation.

Avoiding Jail Time Through Substance Abuse Treatment

It may be possible for you to avoid jail time if you are arrested for DUI. First of all, the Department of Corrections – who determines how your sentence is carried out – can place you in a substance abuse treatment program or substance abuse center in lieu of a jail cell. Not only that, but a judge has the power to set aside your jail sentence if you agree to a substance abuse treatment assessment and possibly treatment at an inpatient or outpatient facility.

Tulsa Oklahoma DUI Attorney Near You

It is completely normal to be worried and uncertain as to how a DUI will affect your life. With so much on the line, it is important to talk with an experienced criminal defense attorney who is well versed on Oklahoma DUI laws and who can explain the penalties as well as the best way to proceed. The attorneys at Tulsa Criminal Lawyers Law Office have extensive experience in protecting the rights of our Oklahoma clients who have been charged with alcohol-related and drug-related driving offenses. We are on your side. For a free consultation call 918.416.0358