Penalties for a DUI in Oklahoma

Penalties for a DUI in Oklahoma.

In Oklahoma, various offenses involve driving under the influence of alcohol or drugs. The most common charge is DUI—Driving Under the Influence—which can include both alcohol and drug-related impairment. DUI involves operating a motor vehicle while intoxicated on public roads, highways, turnpikes, or even private streets that provide access to residences. The experienced criminal defense attorneys at Titus Hillis Reynolds Love have successfully defended numerous clients facing these charges, ensuring their rights are protected every step of the way.

Proving DUI in Oklahoma

To prove DUI, the prosecution must show that the driver was under the influence to the extent that it impaired their ability to safely operate a vehicle. Oklahoma law presumes impairment if a chemical test reveals a blood alcohol concentration (BAC) of .08 or higher. Refusal to submit to testing can lead to separate penalties, including license suspension. Titus Hillis’s DUI defense lawyers know how to challenge the validity of BAC results and other evidence to build a strong case for their clients.

What is APC?

Even if you are not actively driving, you may still face charges for Actual Physical Control (APC) of a vehicle while intoxicated. APC involves having the ability to control a vehicle, such as being in the driver’s seat with access to the ignition. Courts have found that being passed out in the driver’s seat with the keys nearby can constitute APC.

While the vehicle must be operational for an APC charge, it does not need to be moving. For example, if a car is stuck but could otherwise be driven, APC can still apply. The DUI attorneys at Titus Hillis have extensive experience defending against APC charges, often finding ways to prove their clients were not in actual control of the vehicle.

Penalties for DUI and APC

Penalties for a DUI and APC are similar. Municipalities may set their own penalties, but state charges typically result in 10 days to one year in jail, fines up to $1,000, court costs, mandatory alcohol assessments, and attendance at a victim impact panel. Additional penalties may include community service and the installation of an ignition interlock device. First-time offenses are misdemeanors unless there are aggravating factors such as great bodily injury or having a minor in the vehicle.

If you have a prior DUI or APC conviction within the past 10 years, a new charge may be elevated to a felony. Repeat felony offenses carry increasingly severe penalties, including longer prison sentences and higher fines. Titus Hillis Reynolds Love’s skilled criminal defense attorney team understands how prior convictions impact sentencing and will fight to minimize the consequences of repeat offenses.

Driving While Impaired (DWI)

A lesser-included charge of DUI is Driving While Impaired (DWI). In Oklahoma, DWI is not as severe as DUI. While DUI requires a BAC of .08 or higher, a DWI charge applies when a chemical test shows a BAC between .05 and .08, coupled with evidence of impaired driving ability. The punishment for DWI includes a fine ranging from $100 to $500 and/or up to six months in county jail. Unlike DUI, DWI is always a misdemeanor, regardless of prior offenses.

A conviction for DWI results in a license suspension of 30 days for the first offense, six months for the second offense, and one year for the third offense. While the initial 30-day suspension can be modified, the six-month and one-year suspensions are not modifiable.

Additionally, an alcohol assessment and completion of recommended treatment are mandatory before license reinstatement. The experienced DUI attorneys at Titus Hillis have handled countless DWI cases, helping clients avoid unnecessary penalties and protect their driving privileges.

Underage DUI

Oklahoma enforces a strict zero-tolerance policy for drivers under 21. Any measurable BAC—defined as .02 or higher by the Oklahoma Board of Tests—can result in a charge of Driving Under the Influence of Alcohol Under the Age of 21. A first offense does not carry jail time but the DUI punishments may involve fines, community service, mandatory treatment programs, installation of an ignition interlock device, and potential license suspension. The license consequences mirror those of a regular DUI, meaning even a first Underage DUI can significantly affect driving privileges.

For a second conviction, the penalties increase dramatically, including a denial of driving privileges for two years or until the driver turns 18, whichever is longer. Although Underage DUI charges are always misdemeanors and cannot enhance future DUI charges to felonies, they can still be considered prior license suspensions by the Department of Public Safety during the look-back period.

It’s important to note that under Oklahoma law, drivers under 21 with a BAC of .08 or higher can be charged under the regular DUI statute, which carries harsher penalties. When addressing DUI penalties in Oklahoma, prosecutors have discretion in deciding whether to charge a young driver with Underage DUI or the more severe DUI offense.

The compassionate and knowledgeable attorneys at Titus Hillis Reynolds Love provide skilled defense for young drivers facing penalties for a DUI charge, ensuring they receive fair treatment and the best possible outcome in court.

Aggravated DUI

An Aggravated DUI charge arises when the BAC exceeds .15. While this does not automatically elevate the offense to a felony, it imposes additional requirements upon conviction. These include a mandatory 28-day inpatient treatment program, one year of supervised follow-up, 480 hours of community service, and installation of an ignition interlock device. Titus Hillis Reynolds Love’s legal team will work diligently to reduce the severity of these penalties.

Child Endangerment

Driving under the influence with a minor in the vehicle can lead to a felony Child Endangerment charge. Even for a first offense, this carries up to four years in prison and fines of up to $5,000. Additionally, allowing a child to be driven by an intoxicated person (either knowingly or under circumstances when the parent/guardian should have known the driver was intoxicated) can result in similar charges. The attorneys at Titus Hillis have extensive experience in defending against child endangerment charges, offering a thorough and aggressive defense.

DUI Involving Injury or Death

A DUI charge becomes more serious if it involves an accident with personal injury. A first offense with injury results in a minimum of 90 days to one year in jail and fines up to $2,500. Subsequent convictions can elevate the charge to a felony with potential prison time of up to five years.

If the accident results in great bodily injury, the charge becomes a felony punishable by one to five years in prison and fines up to $5,000. In cases where DUI results in a fatality, the driver may face Manslaughter charges with a minimum sentence of four years. If prior DUI convictions exist, Second Degree Murder charges may be pursued, carrying a minimum of 10 years in prison. Titus Hillis Reynolds Love’s attorneys have successfully defended clients in cases involving injury or death, ensuring their right to a timely and fair trial.

Why You Need Skilled Legal Representation

The consequences of DUI and related charges in Oklahoma are severe and can have long-lasting impacts on your life. From jail time and fines to license suspensions and mandatory treatment programs, these penalties can disrupt your personal and professional life. Additionally, repeat offenses and aggravating circumstances can lead to felony charges and harsher punishments.

Navigating the complexities of DUI law requires extensive legal knowledge. Our skilled attorneys understand how to challenge the validity of field sobriety tests, BAC results, and the procedures followed by law enforcement. They can negotiate with prosecutors to reduce charges or penalties and, when necessary, present a strong defense in court.

Without proper legal representation, you risk facing the maximum penalties allowed by law. The experienced DUI attorneys at Titus Hillis Reynolds Love will guide you through this challenging time, ensuring your rights are upheld and your best interests are represented.

Contact the Experienced Criminal Defense Attorneys at Titus Hillis for Help Today

If you or a loved one has been charged with a DUI, APC, or any related offense, don’t attempt to face these serious charges alone. The seasoned criminal defense attorneys at Titus Hillis Reynolds Love are here to help. With a deep understanding of Oklahoma’s DUI laws and a commitment to protecting your rights, we will work tirelessly to achieve the best possible outcome for your case.

Our legal team will guide you through every step of the process, from evaluating evidence to representing you in court. We have successfully defended many DUI cases and are known for our thorough approach and aggressive advocacy. Time is critical in DUI cases; do not delay. Contact Titus Hillis Reynolds Love today to schedule a consultation and together, we can build your tailored defense strategy.

Categories: Criminal Defense