For many Oklahomans, hearing the term “DUI” brings to mind drunk driving and breathalyzer tests. But when law enforcement or prosecutors talk about “DWI,” confusion often follows. DUI and DWI can have different meanings in Oklahoma, and it’s not always clear what counts as a DUI or DWI.
Are these two different charges?
Does one carry harsher penalties than the other? And what if you weren’t drinking at all, but had taken something prescribed by your doctor?
These questions matter, especially when you’re the one facing charges.
At Jacqui Ford Law, we know how overwhelming it is to be charged with a DUI or DWI. Whether you’ve never had a run-in with the law before or you’re navigating a second or third offense, our team led by Jacqui Ford is here to guide you through the process with compassion and clarity. Understanding the legal definitions of this criminal case and what’s at stake is the first step in building a strong defense.
What’s the Legal Difference Between DUI and DWI in Oklahoma?
While “DUI” and “DWI” are often used interchangeably in everyday conversation, Oklahoma law draws a clear line between the two. The distinction lies primarily in your blood alcohol content (BAC) and the presence of any intoxicating substances, including drugs.
Driving Under the Influence (DUI)
Under Oklahoma Statute 47 O.S. § 11-902, a person can be charged with DUI if they operate a motor vehicle with a BAC of 0.08 or higher or if they are found to be under the influence of any intoxicating substance, not just alcohol, that impairs their ability to drive safely.
This includes both illicit drugs and prescription medications. DUI charges are considered more serious and typically carry steeper penalties.
Driving While Impaired (DWI)
In contrast, Oklahoma Statute 47 O.S. § 761 allows for a DWI charge when someone has a BAC between 0.05 and 0.07 and shows signs of impairment. DWI charges are generally considered less severe than DUI, but they are still criminal offenses that can result in fines, license suspensions, and even jail time.
So while both charges can impact your life, understanding where you fall on the BAC scale, and what else may be in your system, can significantly influence the path of your case.
What Counts as “Intoxicated” in Oklahoma?
Most people associate intoxication with alcohol. But Oklahoma’s laws go beyond just drinking.
Most driving under the influence of illicit drug charges in Oklahoma involve drugs that could include:
- Marijuana
- Cocaine
- Ecstasy/molly
- Methamphetamine
In addition to illegal drugs, motorists may also face charges if they are deemed to be intoxicated by medically-prescribed medications. The most common of these drugs include:
- Xanax
- Lortab
- Oxycodone
- Hydrocodone
- Muscle relaxers
In fact, Oklahoma is a zero-tolerance state for Schedule I drugs. That means even trace amounts in your system, regardless of whether you’re impaired, can result in DUI charges.
Why These Distinctions Matter
Understanding whether you’ve been charged with DUI or DWI isn’t just a matter of semantics. It impacts:
- The potential penalties you face
- Whether you’re eligible for diversion programs or plea deals
- Your ability to retain your driver’s license
- The long-term impact on your criminal record and employment prospects
A DUI conviction in Oklahoma can result in up to one year in jail for a first offense, fines, license suspension, mandatory substance abuse programs, and ignition interlock installation. DWI penalties may be lighter, but they still carry serious consequences.
And in both cases, the charge goes on your record, which can follow you for years to come.
How Can a DUI/DWI Lawyer in Oklahoma Help?
If you’ve been charged, the most important thing you can do is talk to a criminal defense attorney immediately.
At Jacqui Ford Law, we listen without judgment. We know that good people find themselves in tough situations, and we believe that your future shouldn’t be defined by one mistake, misunderstanding, or unfair accusation.
Here’s how we can help:
- Review the facts of your arrest and identify any legal missteps or rights violations
- Challenge questionable evidence, such as unreliable field sobriety tests or improperly calibrated breathalyzers
- Advocate for reduced charges or case dismissal when possible
- Help you navigate DMV license hearings, court appearances, and any required classes or treatment programs
We also ensure you understand every step of the process, from arraignment to resolution, so you never feel like you’re going it alone.
Facing DUI or DWI Charges? Call Our Criminal Defense Team at Jacqui Ford Law Today
Although there is no formal distinction between DUI and DWI in Oklahoma, both can come with significant penalties and both are taken very seriously by law enforcement and prosecutors. However, every case is unique and it’s important to have an experienced and qualified attorney like Jacqui Ford, who knows the nuances of Oklahoma law.
We believe in second chances, fair treatment, and honest guidance for every client, because that’s what you deserve. Contact us today at (405) 604-3200 and let’s start building a strong defense for your case.
