In Oklahoma, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably, but there are differences between the two that are important to understand. When you’re facing charges, understanding the exact meaning of them is key. While similar, each comes with its own stipulations and its own consequences.
DUI vs. DWI: Definitions and Key Differences
While they cover similar offenses, the true definition and scope for a DUI and a DWI are different.
DUI (Driving Under the Influence):
- Definition: DUI in Oklahoma refers to operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for drivers aged 21 and older. It also covers impairment by drugs, including prescription medications and illegal substances.
- Scope: DUI charges apply when the driver’s ability to operate the vehicle safely is impaired due to alcohol or drugs.
DWI (Driving While Impaired/Intoxicated):
- Definition: In Oklahoma, DWI is typically refers to drivers under the age of 21 who have a BAC between 0.02% and 0.08%. This is part of the state’s “zero tolerance” policy for underage drinking and driving.
- Scope: DWI charges aim at addressing and reducing underage drinking and driving by imposing stricter BAC limits on younger drivers.
With each having its own definition, you’re able to better understand exactly what the charges could mean for you.
Legal Implications and Penalties
If you’re charged with either a DUI or a DWI, you will face penalties as a result. Some of these potential penalties include:
DUI Penalties:
- First Offense: A first DUI offense in Oklahoma can result in up to one year in jail, fines up to $1,000, a six-month driver’s license suspension, mandatory participation in a substance abuse treatment program, and installation of an ignition interlock device (IID) for certain cases.
- Subsequent Offenses: Repeat DUI offenders face increased penalties, including longer jail sentences, higher fines, extended license suspension, and mandatory use of an IID.
- Aggravated DUI: If the BAC is 0.15% or higher, the offense is classified as an aggravated DUI, which carries more severe penalties, including longer mandatory jail time and higher fines.
DWI Penalties:
- First Offense: For drivers under 21 with a BAC between 0.02% and 0.08%, the penalties include fines, community service, mandatory participation in an alcohol education or treatment program, and a possible driver’s license suspension.
- Subsequent Offenses: Increased penalties for repeated DWI offenses include higher fines, extended participation in treatment programs, and longer license suspensions.
While these are just some of the potential penalties, the exact consequences will depend on the details of the case.
Defenses Against DUI and DWI Charges
Defending against DUI and DWI charges requires a strategic legal approach. Common defenses include:
- Challenging the Traffic Stop: Arguing that the initial traffic stop was unlawful or lacked probable cause.
- Questioning BAC Results: Contesting the accuracy and validity of BAC testing methods due to improper calibration, handling, or procedural errors.
- Field Sobriety Test Accuracy: Highlighting inaccuracies or improper administration of field sobriety tests.
- Procedural Errors: Identifying any violations of legal rights during the arrest and investigation process.
When you’re facing charges, your first step is to seek legal counsel and gather all relevant evidence.
Tulsa DUI Criminal Lawyers
In Oklahoma, DUI and DWI charges have distinct definitions and implications. DUI applies to drivers with a BAC of 0.08% or higher, while DWI typically pertains to underage drivers with a BAC between 0.02% and 0.08%. Both offenses carry serious legal consequences, and understanding the differences between them is crucial. If you’re facing DUI charges in Oklahoma , call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.