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The consequences of a DUI in Oklahoma are severe. Individuals convicted of drunk driving may face severe punishments such as imprisonment, probation, loss or suspension of driver’s license, forced rehabilitation programs, heavy fines, or community service. For your convenience we have listed an overview of Oklahoma DUI, DWI, and APC penalties below.
First Time Non-Injury DUI Offense Penalties
If it is your first driving under the influence (DUI) offense and no one was injured, the DUI will be filed as a misdemeanor. You will also be evaluated and assessed by a Department of Mental Health and Substance Abuse Services certified agency. Misdemeanor DUI carries a fine of up to $1000.00 and jail time of at least 10 days but not more than one year in the county jail. The sentence can be deferred resulting in no conviction or the jail time can be suspended. Although DUI is a serious charge, most people will not be required to do any jail time on a first time misdemeanor DUI offense. In most cases, you may also be required to attend a victim's impact panel (VIP), complete community service, attend AA meetings, pay probation fees, and/or complete a DUI school.
Prior Non-Injury DUI Offense Penalties
If you have a prior conviction for DUI within the prior 10 years of your new DUI charge, you can be charged with felony driving under the influence (DUI). You will again need to be assessed by a Department of Mental Health and Substance Abuse Services certified agency. Depending on prior convictions, felony DUIs carry a minimum of one year up to either five, seven, or ten years in the state penitentiary. The fine can be as high as $7500.00. The sentence can be deferred or the jail time can be suspended. In most cases you will be required to attend a victim's impact panel (VIP), complete community service, attend AA meetings, pay probation fees, and/or complete a DUI school. Depending on the recommendation made by the independent assessment organization, which is at the convicted individuals expense, you could serve the minimum jail time, work two hundred forty (240) hours of community service and use an ignition interlock device.
Injury Accident Related DUI Offense Penalties
If you have an accident while driving under the influence which results in great bodily injury, the State can charge you with a felony regardless of prior offenses. Penalties typically mirror or exceed that of prior non-injury DUI offenses.
Fatality Accident Related DUI Offense Penalties
If you have an accident while driving under the influence which results in death, the DUI will result in a felony and the state can charge you with manslaughter of the first degree or murder in the second degree regardless of prior offenses. In this instance you will face the punishment associated with your murder and/or manslaughter charges in addition to the felony DUI conviction fines, penalties and jail time.
Driving While Impaired (DWI) Penalties
If you are charged with a DWI in State District Court, your penalty can include a fine of up to $500.00 and/or jail time of up to six months. DWI offenses only carry a license revocation upon conviction. The sentence can be deferred resulting in no conviction or the jail time can be suspended. In most cases, you may be required to complete an alcohol/drug assessment, attend a victim's impact panel (VIP), complete community service, attend AA meetings, pay probation fees, and/or complete a DUI school.
Actual Physical Control Penalties
Penalties for ACP offenses typically mirror that of corresponding first time and prior DUI offenses.
Oklahoma Driver's License Penalties
Refusing to take a breath test or a BAC test over the legal limit will result in a license suspension of 180 days if you have not had any other revocations in the preceding five years. If you have had prior revocations within the preceding five years, the revocation period will be for either 1, 3, or 5 years depending on prior revocations. Revocations can be contested by requesting an administrative hearing within 15 days of your arrest. This request is made to the Department of Public Safety. For more information regarding Oklahoma Department of Public Safety hearings visit our DPS Hearings page.
The consequences of a DUI in Oklahoma are severe. Don't risk losing your license or your freedom. If you or a loved one is in need of an experienced Oklahoma DUI defense attorney get the legal support you need and contact Swift & Watkins DUI, DWI, and APC defense attorneys today for a free consultation at (918).295.8282. |
OK DUI Information 
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Act now! You have just 15 days to request a hearing with the Oklahoma Department of Public Safety and avoid suspension. 
