Oklahoma DUI Basics
In Oklahoma driving under the influence charges can be filed in two
different ways. The first of these ways is called under the influence
charges where an individual is held on convictions where he or she was
driving while intoxicated with alcohol, drugs, or a combination of both
alcohol and drugs. These charges can materialize if an individual is
seen to be impaired by intoxicants.
Under impaired charges the prosecuting attorney will present evidence
showing that the individual was too impaired to operate a motor
vehicle. Evidence often includes field sobriety testing, physical
appearance, arresting officer's testimony, breath tests, urine tests,
driving patterns, and blood alcohol content levels. Under impaired
charges an individual may not be convicted, even if his or her blood
alcohol content exceeds the legal limit, if he or she is found
unimpaired.
Per se charges are the second way an individual can be convicted of
driving under the influence. Per se charges will provide evidence to
show that the individual's blood alcohol content exceeded the legal
limit of 0.08 percent while he or she was driving, instead of proving
he or she was impaired. The prosecuting attorney will simply show an
individual's blood alcohol content test results for a conviction. The
legal limit for minors stands at 0.02 percent.
Refusal
If an individual refuses to take a chemical test when requested by a
police officer, he or she will automatically have his or her driver's
license suspended. This suspension will happen whether or not an
individual is later convicted. When an individual in the United States
obtains a driver's license, he or she give common consent to submit to
chemical testing when requested. When a test is refused, the jury or
judge will take into consideration the refusal and infer that the
individual is guilty.
Convictions
When an individual is convicted of a driving under the influence
offense in Oklahoma, his or her consequences will be distributed
depending on any prior offenses. First-time offenders will receive
incarceration up to a year, a fine, alcohol treatment, four hundred
eighty hours of community service, driver's license suspension, and the
installation of an ignition interlock device.
Subsequent offenses will result in increased consequences. The
circumstances around an arrest can aggravate a sentence, even a
first-time offense. If an individual has a blood alcohol content level
that exceeds .15 percent, his or her sentence will automatically be
increased. Some Oklahoma driving under the influence offenses can earn
fines as large as five thousand dollars and incarceration for as much
as ten years. Other drunken driving offenses can result in motor
vehicle seizure.
Other Charges
Oklahoma, in addition to driving under the influence charges, also has
charges called Actual Physical Control charges. These charges mean that
an individual may not have been driving a motor vehicle but could have
driven. Such charges are often distributed when an individual is
intoxicated and in a motor vehicle. Actual Physical Control charges
have the same consequences as driving under the influence charges and
are seen as equal to such charges.