DUI In Oklahoma

What is a DUI in Oklahoma?

DUI in Oklahoma is an acroynm for ‘driving under the influence.' It is against the law for anyone to drive or operate a motor vehicle while having a blood alcohol concentration of about 0.08% or higher or if alcohol renders the individual impaired or incapable of safely operating a motor vehicle. DUI also encompasses the use of any amount of other intoxicating substances, including Schedule-1 controlled substances.

An individual may face an arrest and a DUI charge in Oklahoma even if the party is not driving. Being inside or near a vehicle with an intent to drive or operate while intoxicated is enough for an arrest for Actual Physical Control (APC). In a situation like this, the law considers such a person to be in actual physical control of the motor vehicle, meaning the individual may operate the vehicle, even though the person did not act. An APC charge is the same as a DUI charge, and the penalties are similar after a court trial.

In addition, if an officer has the cause to suspect an entity is operating a vehicle while under the influence of alcohol or drugs, the officer administers a breathalyzer test – the suspect blows into a breathalyzer machine to measure their blood alcohol content level. Declining to take the breath test may have consequences like arrest and immediate suspension of driver's license. When an offender is convicted of a DUI, their offense is included in their Oklahoma criminal record depending on the severity of the offense.

What is the Difference Between a DUI and a DWI in Oklahoma?

While DUI means driving under the Influence in Oklahoma, DWI refers to driving while impaired. The difference between these two terms lies in the blood alcohol concentration (BAC) level of the motorist involved. If a party operates a vehicle with a BAC of 0.08% or higher, the accompanying charge is a DUI. If the BAC is lower than 0.08%, the offender gets a DWI charge. An Oklahoma DWI does not involve license points, and it is always a misdemeanor charge regardless of the frequency of occurrence. It is also not usable as an enhancement of a later DUI arrest to a felony.

Oklahoma DUI Laws

Under 47 O.S. § 756, Oklahoma states the legal limit of blood alcohol concentration (BAC) level a party should have while driving. While the prescribed minimum BAC limit is 0.08%, a driver younger than 21 years with a BAC less than 0.08% may still face an arrest.

Aggravated DUI

Aggravated DUI comes to play when the blood alcohol concentration of a DUI suspect goes beyond 0.15%. However, it is not a felony charge. Still, the aggravated DUI charge guarantees higher penalties like installing an ignition interlock device (IID) in line with the Erin Swezey Act and substance abuse treatment during the probation period. An ignition interlock device is a mechanism fitted on a vehicle, and it is programmed to register a BAC level of 0.02% from whoever wants to operate the vehicle. If the device does not record the required BAC level (when the BAC level is higher), the vehicle may not start.

Minors

The Oklahoma Drunk Driving Prevention Act (47 O.S. § 11-906) is a zero-tolerance law that makes underage drinking and driving an offense. If a party under 21 years commits any of the violations below, the driver faces a license suspension and compulsory IID installation.

• Driving with any level of blood alcohol concentration
• Refusal to submit to a test
• Use or possession of drug or alcohol
• Misrepresentation of age to acquire alcohol

Furthermore, the Social Host Law in Oklahoma holds a person responsible for underage drinking if the individual hosts a party where people under 21 drank alcohol. If a driver under the age of 21 years gets a DUI or DWI arrest and charge due to partying, both the offender and the host face legal consequences.

According to the Social Host Law, a host may be a minor or an adult and does not have to be the property owner or be physically present at the location. A first-time violation of the Social Host Law attracts a maximum fine of $500. However, if the resulting DUI leads to the death or injury of another person, the party organizer might face a felony charge, which carries up to five years prison term and a maximum fine of $2,500. Subsequent violations result in more severe penalties.

The Municipal Court and the District Court have jurisdiction over traffic infractions in Oklahoma, while the Oklahoma Department of Public Safety (ODPS) issues administrative penalties to offenders.

DUI Penalties in Oklahoma

A DUI offense in Oklahoma attracts penalties such as fines, license withdrawal, and prison terms, among others. Depending on the circumstances of the act, the fines may cost $10,000, and the prison term may be as ten years. In addition, for an aggravated DUI conviction (blood alcohol concentration of 0.15% or higher), the offender must install an ignition interlock device (IID) on every vehicle registered in the party's name.

The IID stays on for at least 18 months for a first aggravated DUI infraction and at least four years for a second-time violation with a BAC exceeding 0.08%. For any additional conviction, the IID remains for five years. Another penalty for impaired driving in Oklahoma is license withdrawal by the Department of Public Safety.

However, the nature of the DUI charge determines the withdrawal period as there is no specification on the maximum period to retract a license. Commercial driver's license holders face additional consequences upon conviction for DUI. Offenders may lose their commercial driver's licenses permanently and face long-time bans from driving or operating a commercial vehicle.

Meanwhile, the court may suspend the prison sentence if a DUI violator agrees to follow through with the court's recommendation for substance abuse evaluation and treatment. If the substance abuse evaluation does not recommend inpatient treatment, the convicted individual may serve a few days in jail. Also, if an offender fails to stick to the treatment plan, the party risks incarceration and license withdrawal eventually.

What Happens When You Get a DWI in Oklahoma?

Per OK Stat § 47-761, a person is guilty of a DWI (Driving While Impaired) charge in Oklahoma when the party has a blood alcohol concentration lower than 0.08% upon arrest. In the district court, DWI penalties include up to a $500 fine and/or a maximum of six months in prison. However, if the prosecutor files the charge in the municipal court rather than the district court, the punishment in terms of fine and jail term is reduced. A DWI in Oklahoma is a lesser charge than a DUI, and it is always a misdemeanor charge. In addition, unless a person refuses a breath test, license withdrawal does not come into play until the DWI charge leads to a conviction.

What Happens When You Get a DUI for the First Time in Oklahoma?

Generally, a DUI conviction on a first offense is not necessarily a big deal. However, Oklahoma's DUI laws are strict. It is common for DUI first offenders to spend some time in prison, depending on the nature of the case. A first-time offender should expect detention in a correctional facility between ten days to 12 months, a $500 to $1,000 fine, and a driver's license withdrawal lasting between 30 to 180 days.

Suppose the violator's blood alcohol concentration level is 0.15% or higher; in that case, the charge becomes an aggravated DUI. The additional penalties include compulsory installation of an ignition interlock device for at least 18 months and a self-funded substance abuse evaluation and treatment program.

What is the Penalty for a Second DUI in Oklahoma?

A second DUI conviction within ten years after the first one has harsher penalties, becoming a felony. If the DUI conviction is not within ten years from the first conviction, it does not change to a felony charge. In addition, a previous DUI arrest without a trial does not count as a first offense.

A second DUI conviction in Oklahoma attracts a minimum prison sentence of one year and up to five years. The offender may also face a maximum fine of $2,500 and a license withdrawal lasting six months to one year. The DUI violator must go through substance abuse evaluation and any recommended treatment. If it is a second aggravated DUI conviction, the offender's vehicle must have an ignition interlock device for four years after driving privilege reinstatement.

What Happens After a Third DUI in Oklahoma?

Potential penalties for third DUI convictions within ten years after the second one can be life-changing in Oklahoma. The associated prison term for a third DUI conviction is between one year to ten years. The offender also pays a maximum fine of $10,000, and the Department of Public Safety withdraws the driver's driving privilege for at least three years. In addition, the court mandates participation in a substance abuse evaluation and treatment program at the offender's expense, 240 hours of community service, and use of an ignition interlock device for at least five years after reinstatement of driving rights.

How Long Does a DUI Stay on Your Record in Oklahoma?

Following an arrest for a DUI offense, the report of the incident stays on the offender's driving record for ten years. Apart from the violator's driving file, the perpetrator's arrest record and court record may contain the same report if the accused decides not to contest the charge, pleads guilty, or enters a plea bargain. These documents are accessible to anyone carrying out a background check on the motorist.

When a police officer makes a DUI arrest, the officer takes away the offender's license and reports the incident to the Oklahoma Department of Public Safety (DPS). The DPS is the body in charge of issuing driver's licenses and keeping driving records. The accused must request an administrative license hearing within 30 days of the DUI arrest to get a chance of removing the charge from the driving record.

If the offender fails to make this request within the allotted time, the DUI charge leads to a conviction. Driving records at the DPS are not eligible for expungement. However, the files only appear as public records for three years after the conviction. The records eligible for expunction in Oklahoma are the violator's court record and arrest file.

DUI Expungement in Oklahoma

Interested persons may expunge DUI convictions in Oklahoma, but the processes differ across all counties and according to the circumstances surrounding the traffic infractions. Under OK Stat § 22-18, a DUI violator is eligible for expungement if one or more of the following is true:

• The court acquitted the person.
• An appellate court reversed the conviction or dismissed the charge
• The party got a full pardon from the governor
• The individual was below eighteen years of age at the time of committing the offense and was fully pardoned.
• There are no other pending or ongoing cases/charges against the driver

To erase a DUI conviction in Oklahoma, an interested individual must:

• Determine eligibility for expungement
• Wait for five years after completing the sentence
• Complete all terms of the judgment (probation, deferred sentence, jail time, or fine payment)
• File an expungement petition in the court of conviction
• Request a hearing from the judge.
• Send a 30-day notice of hearing to all governmental agencies concerned with the DUI record.
• Pay all fees and fines associated with the case.
• Have no current case or any charge during the waiting period

Upon application, the judge will decide if the driver's need for privacy outweighs the benefits of the public knowing about the record. The judge then grants expungement based on the case findings. A DUI offender may file for expungement immediately after case dismissal to wipe out the arrest record and court case report and do not need to wait for five years.

In the case of a conviction, the concerned party must meet the expungement criteria before applying. Drivers fined $500 and below may also file for expungement without hesitation. After the Oklahoma State Bureau of Investigation (OSBI) receives the certified order to expunge, it takes a month to delete the files. The exact time frame goes for expunging arrest records, and petitioners must pay $150 for processing. Otherwise, expungement is free in the state of Oklahoma.

How Likely is Jail Time After a First DUI in Oklahoma?

It is very likely to spend some time in jail for a first DUI violation in Oklahoma. However, the incarceration period ranges from ten days to one year, depending on the severity of each case, the facts of the case, and the abilities of the representing lawyer. In rare cases, as punishment, a first DUI offender could pay fines alone or along with jail time, license suspension of up to six months, or an ignition interlock device installation.

What is the Average Cost of DUI in Oklahoma?

DUI costs in Oklahoma may be around $6,000 on average, seeing that offenders may have to pay for court fees, fines, probation fees, and DUI schools, amongst others. Also, the amount may differ for individual cases. The breakdown of DUI cost in the state includes:

• Court costs: $800 to $1,000.
• Victim Compensation Assessment (VCA): $30 to $10,000 based on the case and court (district courts charge higher than municipal courts)
• Fines: $500 to $5,000
• Probation fees: $40 to $80 monthly for up to 24 months
• Ignition interlock device: Average of $3 per day for up to three years and $70 to $150 for installation
• Legal fees: $500 to $6000
• Victim Impact Panel fee: About $50
• Alcohol/drug assessment fee: $75 to $175
• Rehabilitative drug/alcohol treatment: may be free or up to $60,000 monthly.
• DUI school or alcohol education program: $175 to $375
• License reinstatement fees: $365
• Towing and impound fees: $100 upwards
• Increase in auto insurance rate

How Much is Bail for a DUI in Oklahoma?

In Oklahoma, a district court may set a bail amount at $1,000 for a misdemeanor DUI, while a felony DUI could cost from $2,000 to $15,000 depending on aggravating factors. Usually, when a police officer establishes that a person is driving under the influence, the officer arrests the person and puts the driver behind bars. However, the law enforcement officer may release the offender on bail. Meanwhile, the arresting officer or prosecuting attorney may set a bail amount based on the county's limit and case in the absence of a judge. If the DUI offender is unable to pay the bond fee, the party may engage the services of a bondsman. A bondsman gets 10 to 20% of the bail amount plus any other fee as commission.

How to Get My License Back After a DUI in Oklahoma?

The Department of Public Safety (DPS) may suspend a driver's license if the party operates or controls a vehicle while under the influence of alcohol, other intoxicating substances, or both. The department may also revoke the licenses of those who fail breath tests or refuse one, or do not apply for the Impaired Driver Accountability Program (IDAP) within 30 days. The revocation becomes active 30 days after the Notice of Revocation date.

For reinstatement of a driver's license, the requirements differ depending on the reason for the revocation, suspension, cancellation, denial, or disqualification. Nevertheless, interested persons may redeem their suspended licenses by enrolling in the Impaired Driver Accountability Program (IDAP). Concerned parties must complete the Request for Participation form before participating in the program. The IDAP allows DUI offenders to demonstrate the ability and willingness to separate drinking from driving.

Compared to traditional administrative license revocation, IDAP is more affordable and convenient. Those participating in IDAP must have an ignition interlock device installed and monitored. In addition, enrollment costs are much lower than the cost of revocation, and there are no extra charges on the participant's motor vehicle record. To obtain reinstatement information regarding driving privileges, interested persons may call the Driver Compliance telephone bank at (405) 425-2098 or (405) 425-2059 between the hours of 8:00 a.m. and 2:00 p.m.

How Does a DUI Affect Your Life in Oklahoma?

There are several ways a DUI can negatively impact an individual's life in Oklahoma. It is possible to go from being financially stable to being in a difficult financial position after a DUI conviction due to a higher auto insurance rate, court cost, and fine. An employer may as well terminate an employment contract after a DUI conviction. Furthermore, a DUI charge may narrow the scope of future jobs available to an offender, as most employers perform background checks on applicants. Also, some schools in Oklahoma do not accept applicants with previous criminal records, including a DUI.

Can You Get Fired for a DUI in Oklahoma?

DUI has the potential to cause job loss for Oklahoma residents. Sometimes, companies have mandatory termination policies for employees convicted of criminal offenses such as DUI. Moreover, for citizens who drive for a living - for example, carrying out off-site medical appointments or operating commercial vehicles - a DUI could spell the end of their professional careers. Also, professional licensing is often required for many jobs to be eligible for employment. The licensing bodies may frown at DUI violations which may leave the applicant unemployed.

How Do I Find DUI Checkpoints in Oklahoma?

It is possible to find checkpoints in Oklahoma on the internet or in a newspaper. DUI roadblocks offer cops a chance to check tags and licenses while also allowing them to check the driver's breath, whether impaired or not. The Oklahoma Supreme Court and the United States Supreme Court acknowledge the legitimacy of random stops; hence checkpoints are legal. According to the courts, drunk driving poses a danger on public roads for all motorists due to the significant injury risks associated with the practice and the number of DUI accidents every year. Thus, roadblocks became a necessity in preventing DUI-related accidents.

Which is Worse, DUI vs. DWI?

Notably, DUI and DWI are separate offenses with different charges in Oklahoma. In comparison to DUI, DWI is considered a lesser offense and is a misdemeanor. If convicted of DWI, the fine could be $500 and/or a jail sentence of half a year. In contrast, the penalties and restrictions associated with DUI charges are severe and may include long-term jail time, license suspension, and so on. Unlike DUI cases, license suspension is only triggered by aggravating factors in DWI cases.