Our DUI Attorneys Represent People Charged With DUI or DWI Throughout Oklahoma. If You Have Been Charged, Seek Legal Advice Immediately.
As more stringent DUI laws are passed in Oklahoma and across the United States, law enforcement agencies are taking a stand against drunk driving, subjecting even first-time offenders to jail time, hefty fines and driver’s license suspension. The consequences associated with Oklahoma drunk driving charges can extend far beyond time in jail, DUI fees and the ability to get behind the wheel of a car though. In some cases, a DUI or DWI conviction in Oklahoma can result in a loss of freedom and the inability to gain certain types of employment, and multiple offenses can have a significant impact on your civil rights, like your ability to vote or own a weapon. If you are facing charges for an Oklahoma drunk driving offense, contact our qualified DUI defense attorneys at Oklahoma Legal Center today. With experienced drunk driving defense lawyers on our team, we can help you build a strong defense in your case.
Oklahoma Legal BAC Limits
In Oklahoma, the legal limit for blood alcohol content (BAC) is 0.08%, which means any individual operating a motor vehicle with a BAC of 0.08% or higher is considered intoxicated under Oklahoma law. If you are driving under the influence of alcohol in Oklahoma and you are pulled over by an officer, you can be arrested for an Oklahoma DUI based on two different scenarios. If you are driving recklessly or erratically and you have been drinking, an officer may determine that alcohol has impaired your driving abilities and arrest you for drunk driving, even if your BAC is below the legal limit. On the other hand, if you are pulled over and an officer finds that your blood alcohol content is above 0.08%, you can be arrested for an Oklahoma DUI based on the “per se” law, even if your driving didn’t appear to be impaired.
Oklahoma DUI vs. DWI Offenses
An Oklahoma DWI offense, which stands for driving while impaired, is typically reserved for those drivers whose blood alcohol content is below the legal limit of 0.08%. According to drunk driving laws in Oklahoma, a driver is impaired when his BAC hits 0.05%, and these individuals can still face drunk driving charges even though their BAC isn’t over the legal limit. A DWI is a reduction from a DUI charge and carries lesser punishment, although the consequences can still be severe. The penalty for driving with a BAC between 0.05% and 0.08% is a $100 fine or six months in jail. Your license will also be suspended for 30 days for a first offense, six months for a second offense, and one year for a third offense.
Implied Consent Laws in Oklahoma
Oklahoma is an implied consent state, which means state laws require you to submit to a breath, blood, saliva, or urine test if you are lawfully arrested by an officer who has probable cause to believe you have been operating a motor vehicle under the influence of alcohol or drugs. Blood and breathalyzer tests are typically used to determine your blood alcohol content, and urine and saliva tests are used to test for any drugs in your system. Implied consent laws dictate that you must take the test within two hours of driving, and you cannot refuse the test without penalty – a fine and automatic license suspension. The only reason an officer can make you take a test after you refuse to do so is if you were involved in an Oklahoma accident where someone was severely injured or killed.
OK Laws Governing Actual Physical Control
Under Oklahoma law, you can be arrested and asked to take a chemical test if an officer has reason to believe you are under the influence of drugs or alcohol, even if you aren’t actually driving. This is called actual physical control, or APC, and involves situations in which a driver is in the vehicle and could move it, even if he or she isn’t actually trying to at the time the officer arrives. The most common example of APC in Oklahoma involves a person who realizes he or she is too drunk to drive, pulls over and falls asleep in the driver’s seat. If the officer wakes the person up and smells alcohol on his or her breath, an arrest could be made based on the fact that the driver could have woken up and driven while still drunk.
Contact Our Qualified DUI and DWI Defense Attorneys Today
Since 1980, the persistent efforts of groups like Mothers Against Drunk Driving (MADD) have drawn considerable attention to the issue of drunk driving in the United States, and hundreds of new DUI laws have been put into effect as a result. It’s important to remember that these laws have the potential to take away your license, put you in jail and restrict your freedom. If you have been charged with an Oklahoma DUI or DWI offense, your first course of action should be to enlist the help of a skilled DUI defense attorney in Oklahoma. Here at Oklahoma Legal Center, our drunk driving defense team is headed by a successful DUI defense attorney who has obtained a dismissal or not guilty verdict in over 90% of cases that have been called to trial. With his help, our skilled drunk driving defense lawyers at Oklahoma Legal Center, you can ensure that your legal rights are protected and work to have your charges reduced or dropped altogether.