A first offense DUI (Driving Under the Influence) in Oklahoma is a serious charge that carries significant penalties. A DUI is a serious offense in Oklahoma, and the penalties become increasingly severe with each subsequent conviction due to the nature of the crime. Understanding the severity of the penalty for a first offense DUI is crucial for anyone facing this charge.
Legal Definition of DUI in Oklahoma
In Oklahoma, a person can be charged with DUI if they operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Additionally, a person can be charged with DUI if they are under the influence of drugs that impair their ability to drive safely. This includes prescription, over-the-counter, and illegal substances.
Penalties for s First Offense DUI
Due to the severity of the crime and the danger it puts the public in, the penalties are quite severe. Some of the penalties include:
- Imprisonment: A first offense DUI can result in imprisonment for up to one year. The actual length of the sentence depends on the specifics of the case, including any aggravating factors.
- Fines: Offenders can face fines ranging from $500 to $1,000. This amount can increase significantly if there are aggravating circumstances, such as a high BAC or an accident-causing injury.
- License Suspension: For the first offense, you will receive a 180-day suspension on your license. The suspension period can be extended if the offender refuses a breathalyzer test or has a particularly high BAC.
- Ignition Interlock Device (IID): Offenders may have to install an Ignition Interlock Device (IID) on their vehicle, typically for six months. An IID requires the driver to provide a breath sample before the vehicle can start.
- Substance Abuse Treatment: Mandatory participation in a substance abuse treatment program or DUI school may be necessary. This includes attending alcohol and drug education classes and possibly undergoing counseling.
- Probation: The court may impose probation instead of or in addition to imprisonment. Probation conditions often include regular check-ins with a probation officer, abstaining from alcohol and drugs, and completing community service.
- Community Service: Offenders may have to perform community service hours as part of their sentence. The number of hours can vary based on the specifics of the case and the judge’s discretion.
While these are just potential penalties, the final determination comes from the judge and is based on all aspects of the case.
Aggravating Factors for a First Offense DUI
Certain factors can increase the severity of the penalties for a first offense DUI, including:
- High BAC: A BAC significantly above the legal limit can result in enhanced penalties.
- Accidents and Injuries: If the offense involved an accident-causing injury or property damage, the penalties can be more severe.
- Child Passenger: Having a minor in the vehicle at the time of the offense can lead to additional charges and harsher penalties.
- Refusal to Submit to Testing: Refusing to take a breathalyzer or other chemical test can result in longer license suspensions and additional fines.
These aggravating factors add to the severity due to the risk it poses to others or the pain that it actually inflicts on them, such as in the case of accidents with injuries.
Tulsa Criminal Lawyers
A first offense DUI in Oklahoma carries severe penalties, including imprisonment, fines, license suspension, and more. Understanding the severity of a first offense DUI, as well the penalties you could face, is important when facing charges. If you’re in this situation, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.