It is illegal to drive under the influence in every state, and Oklahoma is no exception. While some may believe they can handle driving after drinking, it’s important to remember that driving under the influence, regardless of experience, puts everyone at risk.
If you find yourself facing a DUI charge in Oklahoma City, it’s crucial to understand the laws, the potential consequences, and how legal representation can help guide you through this challenging time. At Jacqui Ford Law, our team of experienced legal advocates, led by Jacqui Ford, is dedicated to offering compassionate and thorough legal support to those facing DUI charges.
Our firm has built a strong reputation in the Oklahoma legal community for our commitment to defending clients’ rights. With years of experience and a history of success, our criminal defense lawyers are dedicated to guiding you through your DUI case and achieving the best outcome possible.
What is Considered a DUI in Oklahoma?
In Oklahoma, driving under the influence encompasses more than just drunk driving.
You can be charged with a DUI in several situations, including the following:
- If you are over 21 and have a blood alcohol level (BAC) of .08% or higher (as defined in Oklahoma Statutes Title 47, Section 11-902)
- If you are under the influence of a Schedule I drug or narcotic, or a combination of both alcohol and drugs
- If you are under 21 and have any detectable alcohol or drug in your system, regardless of the amount
What If You’re Not Actually Driving?
There’s no loophole here. You can’t avoid a DUI charge in Oklahoma by simply not driving.
Oklahoma’s drunk driving laws state that you can’t “be in actual physical control” of a vehicle while intoxicated. This means:
- You can’t sit behind the wheel of a parked car with the keys in your hand or ignition if you’re intoxicated.
- Even if the car isn’t moving, being in a position where you could potentially operate the vehicle qualifies as having “actual physical control.”
It might seem confusing since the law is about driving under the influence, but drivers don’t have to be caught actively driving to be charged. You may have already moved from point A to point B while intoxicated, or you may simply be in the vehicle while impaired.
By making “actual physical control” illegal, the state can take action against drivers under the influence even if they aren’t caught driving.
Consequences of a DUI Conviction in Oklahoma
For a first-time DUI offense in Oklahoma, it is typically classified as a misdemeanor. However, any subsequent offenses within a 10-year period are considered felonies. The key difference between a misdemeanor and a felony is the potential punishment:
- A misdemeanor is punishable by up to one year in jail.
- A felony is punishable by at least one year in prison.
If you get arrested for a DUI in Oklahoma, here’s what you could be facing:
- Arrest Record: You will be brought to jail, and your mug shot will be taken. This creates a public record that could follow you for the rest of your life.
- Criminal Record: If you’re convicted of a DUI, you will have at least a misdemeanor on your record. While you may not always be asked about your convictions on job applications, having a criminal record can impact your ability in terms of the following:
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- Finding work
- Finding housing
- Volunteering in certain places
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- License Restriction, Suspension, or Revocation: Your driver’s license may be restricted, suspended, or even revoked. Since Oklahoma shares driving records with most other states, if your license is suspended or revoked in Oklahoma, you’ll unlikely be able to obtain a license in another state.
- Fines: Fines for a DUI start at $1,000 for the first offense. If you fail to pay them, they will accumulate interest. Unpaid fines, plus the added interest, can lead to further legal consequences, including arrest and jail time.
- Incarceration: A first-offense misdemeanor DUI can result in 10 days to one year in jail. For repeat offenses within 10 years, DUI becomes a felony, punishable by at least one year in prison, with up to 10 years for a second offense and up to 20 years for a third or more.
- Probation: Probation may keep you out of prison, but it comes with strict conditions. You will need to remain completely sober, maintain employment, regularly check in with your parole officer, and avoid any infractions, as even minor violations could land you in jail.
Do You Have To Do a Sobriety Test if You’re Pulled Over in Oklahoma?
In Oklahoma, driving on public roads implies that you consent to sobriety tests, including field tests and breathalyzers, if law enforcement suspects you are driving under the influence. By obtaining a driver’s license, you are agreeing to this “implied consent” under Oklahoma law (Title 47, Section 754).
However, you do have the right to refuse a sobriety test, and the police can’t force one on you. However, since you have already consented to the tests because you’re driving on public roads (implied consent), refusing to let the police do a sobriety test means that the officer will immediately seize your driver’s license.
It’s important to weigh the risks of refusal against the potential outcomes. Refusal may be used against you in court as an indication of guilt, and you may still face penalties despite not submitting to testing.
Statute of Limitations for DUI in Oklahoma
The statute of limitations in Oklahoma sets the time limit for filing DUI charges. According to Oklahoma Statutes Title 22, Section 152:
- Misdemeanor DUI: The state has one year to file charges.
- Felony DUI: The time limit is three years, applying to repeat offenses or cases with aggravating factors like accidents and injuries.
The case can proceed once charges are filed within these time limits, even if the trial occurs later. If the statute of limitations has passed, your legal team can argue for the dismissal of the charges. Having an experienced legal team ensures that these crucial deadlines are properly handled.
Contact Jacqui Ford Law Today if You’ve Been Arrested for a DUI
With the support of an experienced attorney, you’ll have a knowledgeable advocate guiding you through each step, ensuring your rights are protected and your case is handled properly.
At Jacqui Ford Law, we are committed to helping you navigate the legal process with compassion and dedication. Every case is unique, and the facts of your case matter when it comes to building a defense.
Contact our experienced Oklahoma defense lawyers today at 405-604-3200 to schedule a free and confidential consultation.
