Aggravated DUI vs DUI vs DWI in Oklahoma
If you’ve been arrested for driving under the influence in Oklahoma, understanding the differences between DUI, DWI, and aggravated DUI is crucial. Each charge carries distinct legal consequences, so knowing what you’re facing is essential. Contact Cannon & Associates by calling 405-657-2323 today for a free case strategy session and to speak with our reliable and dedicated legal team.
Understanding DUI in Oklahoma
A DUI (Driving Under the Influence) occurs when a driver’s Blood Alcohol Concentration (BAC) is 0.08% or higher. This applies to both public and private roads accessible to homes. A DUI conviction can lead to fines, jail time, probation, and license suspension.
Refusing a breathalyzer test can further impact your case, potentially leading to automatic license revocation. Additional tests, like blood or urine tests, may be required under state law, and refusal can carry further penalties.
Actual Physical Control
In Oklahoma, you can be charged with DUI even if you’re not driving. The concept of “Actual Physical Control” (APC) applies when you have control over a vehicle while impaired, such as sleeping in your car with the keys in the ignition.
Understanding DWI in Oklahoma
Driving While Impaired (DWI) applies when a driver’s BAC is below 0.08%, but their ability to operate a vehicle is still compromised. Although a DWI carries lesser penalties than a DUI, consequences include up to six months in jail, fines up to $500, and a probation period of 6-12 months.
A prior DWI conviction may not enhance penalties for a future DUI, but it can influence plea negotiations with prosecutors.
Aggravated DUI in Oklahoma
An aggravated DUI occurs when a driver’s BAC is 0.15% or higher. This charge carries harsher penalties, including:
- Mandatory ignition interlock device (IID) installation for at least 18 months post-revocation.
- Required inpatient alcohol treatment.
- Extensive probation and aftercare.
- Periodic alcohol monitoring.
- Significant community service obligations.
Despite the severity, an aggravated DUI remains a misdemeanor unless other aggravating factors apply.
DUI, DWI, and Underage Drivers
Oklahoma has a zero-tolerance policy for underage drinking and driving. Any detectable BAC (0.01% or higher) results in criminal charges. Consequences for underage DUI include license revocation, fines, community service, and mandatory alcohol education programs. Additional penalties apply for test refusal or misrepresenting age to obtain alcohol.
Legal Consequences of DUI, DWI, and Aggravated DUI
The penalties for DUI, DWI, and aggravated DUI can be severe:
- First DUI offense: Up to $1,000 fine, 10 days to one year in jail.
- Second DUI offense (within 10 years): Felony charge, up to five years in prison, and a fine of up to $2,500.
- Additional penalties: Mandatory substance abuse education, victim impact panels, community service, AA meetings, probation, and DUI school.
Child Endangerment and dui
Driving under the influence with a child in the vehicle leads to additional charges, including child endangerment. Consequences may include:
- Enhanced criminal penalties.
- Child Protective Services (CPS) involvement.
- Longer license suspensions or revocations.
- Mandatory IID installation.
- Required counseling or education programs.
- Possible probation or jail time.
Importance of Legal Representation
Given the serious nature of DUI-related charges, legal representation is essential. Attorneys understand Oklahoma law and can identify weaknesses in the prosecution’s case, potentially reducing charges or penalties. Even individuals who believe they are innocent should seek legal counsel to ensure their rights are protected and to avoid wrongful convictions.
Potential Defenses in DUI, DWI, and Aggravated DUI Cases
Defenses against DUI, DWI, and aggravated DUI charges include:
- Illegal traffic stop: Law enforcement must have probable cause to pull a driver over.
- Field sobriety test errors: Officers must properly administer these tests.
- Breathalyzer accuracy: Devices must be calibrated and administered correctly.
- Procedural violations: Defendants have the right to legal counsel and proper due process.
- Alternative explanations for behavior: Medical conditions, fatigue, or other factors can mimic impairment.
License Reinstatement and Ignition Interlock Devices
After a DUI-related license revocation, reinstatement requires compliance with state regulations and fees. Oklahoma offers a Provisional Driver License Program, allowing some drivers to regain limited driving privileges while paying fines. IID installation is required for reinstatement under the Impaired Driver Accountability Program (IDAP).
Impact on Employment and Personal Life
A DUI conviction can significantly impact professional and personal life, including:
- Job loss, particularly for roles requiring driving.
- Housing difficulties due to criminal background checks.
- Firearm ownership restrictions.
- Strained personal relationships due to social stigma.
- Limited access to government assistance and financial loans.
How Cannon & Associates Can Help You
Legal representation is crucial for individuals facing DUI, DWI, or aggravated DUI charges. The experienced attorneys at Cannon & Associates understand Oklahoma’s DUI laws and work diligently to protect your rights. We provide strategic defense to challenge evidence, negotiate plea deals, and seek reduced penalties.
If you’re facing a DUI-related charge, don’t navigate the legal system alone. Contact Cannon & Associates at 405-657-2323 for a free consultation and experienced legal support. We are committed to securing the best possible outcome for your case and guiding you through every step of the process.
Frequently Asked Questions
What are the different types of DUI in Oklahoma?
In Oklahoma, the different types of DUI include DUI, DWI, APC, vehicular manslaughter, and DUI with a minor in the vehicle. Each charge carries its own set of consequences and legal implications.
What is the difference in consequences between a DUI and an aggravated DUI in Oklahoma?
In Oklahoma, the difference between a DUI and an aggravated DUI is the additional penalties, such as in-patient alcohol treatment, aftercare, and probation with alcohol monitoring and testing. These penalties are on top of those regularly assessed for a standard DUI offense.
Which is worse, DUI or DWI, in Oklahoma?
In Oklahoma, a DUI is generally considered worse than a DWI due to the potential for felony charges and the impact on the driver’s license, as well as the BAC test results. Therefore, a DUI is typically considered more serious than a DWI.
What is the sentence for an aggravated DUI in Oklahoma?
An aggravated DUI conviction in Oklahoma mandates 28 days of inpatient treatment, a year of supervision, 480 hours of community service, and at least 30 days of an ignition interlock device. However, the final amount can vary significantly based on the unique circumstances of each case.
What is Actual Physical Control (APC)?
Actual Physical Control (APC) refers to being in control of a motor vehicle with a BAC of .08% or more, including scenarios such as sleeping in your car or being in an immobile vehicle due to mechanical issues.
