Oklahoma DUI Law & Lawyers: DUI-Web

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If you get arrested for a DUI in Oklahoma it will result in two separate cases. The first case is the criminal court case in which the prosecution bears the burden of proving beyond a reasonable doubt that you are driving under the influence of alcohol and/or drugs. This case could result in a variety of punishments including mandatory alcohol rehabilitation treatment, community service, probation and even jail time. The second case is an administrative or civil case with the Department of Public Safety. The sole issue with the administrative case is your privilege to drive. These cases are separate and independent of each other and it is possible to get the criminal charges dismissed and still have your license suspended through the Department of Public Safety.

Oklahoma Alcohol Related Offenses:

DUI: the charge of DUI can be prosecuted under two separate theories. The first theory is the "per se" theory. Under this theory the prosecution bears the burden of proving that you were driving with a blood-alcohol content of .08% or higher. This theory is based purely on your body chemistry and the prosecution does not need to prove that you were driving in an unsafe manner.

The second theory is the "under the influence" theory. Under this theory the prosecution must show that you were driving in an unsafe manner and that your mental and physical faculties were negatively affected by your consumption of alcohol and/or drugs. With this type of case, the prosecution typically introduces evidence such as the arresting officer's testimony regarding your field sobriety test, your driving pattern and physical appearance and possibly the statements of eyewitnesses.

APC: the drunk driving charge of APC (actual physical control of a vehicle while under the influence of alcohol and/or drugs) is different from the charge of DUI because the charge of APC does not require the vehicle to be driven. This charge requires that you were in actual control of the vehicle, meaning that the vehicle could be driven. This charge is a lesser charge than the charge of DUI and these charges are typically brought when someone is either parked or asleep in a vehicle while under the influence of alcohol and could have driven (the keys were in the ignition or otherwise available to the driver).

DWI: the charge of DWI (driving while impaired by alcohol) is a lesser charge than the charge of DUI and is charged when the driver’s blood-alcohol level is less than .08%.

Criminal Punishments

Punishments for a DUI in Oklahoma will greatly increase upon your second and subsequent offenses. Typically, the penalties for a first offense DUI can include probation, a fine, mandatory alcohol rehabilitation treatment, community service, jail time depending on the circumstances of your arrests and BAC and possibly an ignition interlock device installed on your car. For your second or subsequent offense the fines can be up to $5,000 and the possible jail term can be up to 10 years. Due to the severity of these punishments is imperative to retain a qualified DUI attorney immediately.

As discussed above, not only will you have to deal with the criminal case and the punishments that follow, but you will also have the separate case against the Oklahoma Department of Public Safety which was instituted upon your arrest. When you are arrested for DUI in Oklahoma you have 15 days after your arrest to request a hearing with the Department of Public Safety. If you do not request a hearing within 15 days of your arrest your license will be suspended for at least six months commencing 30 days after the date of your arrest. After the 15 day period to request a hearing has lapsed there is no recourse to save your driving privileges and the suspension will be automatic. Your second and subsequent offense will result in a longer suspension.