Even aside from criminal penalties, a DUI conviction can make your life very difficult. It can lose you your job, result in investigations or sanctions at work, and cost you a lot of money in fines, court costs, and other financial penalties. That’s why it’s important to have knowledge of the law surrounding driving and alcohol and to get in touch with a specialist DUI attorney if you’ve been charged with an alcohol related driving offense. At Cannon & Associates in Oklahoma City, OK, we can provide you with both.
Oklahoma DUI Laws: Understanding the Legal Blood Alcohol Limit
In Oklahoma, driving under the influence (DUI) laws are designed to ensure public safety by regulating the amount of alcohol drivers may drink before driving, and penalizing impaired driving. Understanding the legal blood alcohol concentration (BAC) limits and the associated penalties is crucial for drivers in the state. The legal BAC limits in Oklahoma are as follows:
Standard Drivers
For most drivers, the legal limit is 0.08%. This means that if a driver’s BAC is 0.08% or higher, they can be charged with a DUI.
Commercial Drivers
For those operating commercial vehicles, the BAC limit is lower, set at 0.04%. This reflects the higher standard of care expected from drivers of larger and potentially more dangerous vehicles.
Underage Drivers
For drivers under the age of 21, Oklahoma enforces a zero-tolerance policy. Any detectable amount of alcohol (a BAC of 0.02% or higher) can result in DUI charges.
Penalties for DUI
The penalties for a DUI in Oklahoma vary depending on the number of offenses and the severity of the incident. They can be categorized into first-time offenses, second offenses, and subsequent offenses.
First Offense
A first DUI offense can land you with jail time of up to one year and fines of up to $1,000. Typically, your driver’s license will be suspended for 180 days. You will also be required to participate in a substance abuse assessment and to complete any recommended treatment programs, install an ignition interlock device (IID) for a specified period, and attend a victim impact panel.
Second Offense (Within 10 Years)
A second offense within ten years of your first DUI can result in between one and five years of jail time and fines of up to $2,500, not including court costs. Your license will be suspended for up to one year followed by a mandatory IID installation. You may also need to take part in enhanced treatment programs and community service.
Third and Subsequent Offenses
Unlike earlier charges, which are treated as misdemeanors unless there are aggravating factors, third and subsequent offenses are charged as felonies. You may face jail time of between one and ten years. Fines of up to $5,000, and a license suspension of up to three years, followed by mandatory IID installation. You may also have extended treatment programs, community service, and more stringent probation conditions mandated by the court.
Aggravating Factors
Certain aggravating factors can increase the severity of the penalties for a DUI offense, including:
High BAC Levels
A BAC of 0.15% or higher can lead to enhanced penalties.
Accidents
Causing an accident, especially one resulting in injury or death, can result in more severe charges, including felony DUI or vehicular manslaughter.
Child Passengers
Having a minor in the vehicle at the time of the offense can lead to additional charges and harsher penalties.
Implied Consent Law
Oklahoma’s implied consent law states that by driving on Oklahoma roads, drivers automatically consent to BAC testing if suspected of DUI. This does not mean that you can be forced to give a sample without a warrant, but refusal to take a breath, blood, or urine test when asked can result in a number of automatic penalties.
If you refuse a breath, blood, or urine test, you will typically have your license revoked immediately if it is your first refusal. You will also have to pay fines. In addition, you may face jail time, and a mandatory IID installation on your vehicle when you are allowed to drive again.
How Is BAC Content Determined?
In Oklahoma, Blood Alcohol Content (BAC) is determined using several methods, each designed to measure the concentration of alcohol in a person’s bloodstream. The primary methods employed by law enforcement officers include breath tests, blood tests, and urine tests.
Breath Tests
Breath tests are the most commonly used method for determining BAC in Oklahoma. These tests are often conducted using devices known as breathalyzers. They are called breathalyzers because the driver blows into the device, which measures the alcohol concentration in their breath and calculates the BAC.
Portable Breathalyzers (Preliminary Breath Tests, PBTs)
These devices are used by officers at the roadside during traffic stops. They provide an initial BAC reading to help the officer decide whether to arrest the driver for DUI. Results from PBTs are typically not admissible in court but help establish probable cause for arrest.
Stationary Breathalyzers
These are more sophisticated and accurate than portable devices and are used for tests conducted at a police station or at a mobile testing unit after an arrest. Results from these tests are usually admissible in court as evidence of BAC.
Blood Tests
Blood tests provide a direct measurement of the alcohol content in a person’s bloodstream and are considered highly accurate. However, they are more invasive than breath tests and require specific procedures:
Blood samples are usually drawn at a medical facility or by a certified technician at the police station. The blood sample is then sent to a laboratory for analysis. Blood tests are often used when a breath test is not feasible, such as when the driver is unconscious or otherwise unable to provide a breath sample. They are also used in cases where more precise BAC measurements are required, such as in accidents involving serious injury or death.
Urine Tests
Urine tests are less commonly used but may be employed in specific circumstances. The driver provides a urine sample, usually under observation to prevent tampering. The sample is then sent to a laboratory for analysis. Urine tests are less reliable than breath or blood tests because alcohol can take longer to appear in urine and remain detectable for longer periods. They are typically used when other tests are not possible or to corroborate other test results.
What a DUI Attorney in Oklahoma City Can Do for You
Drivers have the right to challenge BAC test results in court, and we can help you to do that. Potential grounds for challenging BAC results include improper calibration or maintenance of the equipment used, improper testing procedures, or the existence of certain medical conditions that may have affected the BAC reading in your case.
DUI Diversion Programs
Challenging BAC results is not the only way that we can help our clients to reduce their charges or even have them dropped. First-time offenders may be eligible for diversion programs, which involve fulfilling certain conditions. Subject to fulfilling alcohol education classes, community service, and regular reporting to a probation officer, your charges may be reduced or dismissed entirely.
In Oklahoma, BAC is determined using breath, blood, and urine tests, each with its own procedures and applications. The state’s implied consent law mandates that drivers submit to BAC testing when lawfully requested, and refusal to comply can result in significant penalties. Drivers must understand these methods and the legal implications of BAC testing in order to ensure they comply with the law. If you need help with a DUI charge, contact us at Cannon & Associates in Oklahoma City, OK, to book a consultation with a DUI attorney.