One of only 15 members in the state of Oklahoma.

Driving Under the Influence

Laws in Oklahoma relating to DUI arrest are very harsh on those arrested for an alcohol related driving offense..  In Oklahoma, if a person takes a breath test and tests .08 or greater, or refuses to take the test,  you WILL be arrested for DUI.  If the breath test is .15 or greater, the district attorney can charge an Aggravated DUI.  An Aggravated DUI comes with much harsher punishment than a standard DUI.  

Understanding the Standard DUI

Punishment for a standard DUI can result in confinement in a county jail for up to one year and a fine not to exceed $1,000.00.  Additionally, the individual will have to undergo a Drug Alcohol Assessment and follow whatever recommendations the assessor deems necessary for that individual.  That may include inpatient substance abuse treatment, outpatient substance abuse treatment or a variety of other programs.

Understanding the Aggravated DUI

As for an Aggravated DUI, the court may also be required to complete a 30-day inpatient or residential substance abuse treatment center, followed by not less than one year of supervision and aftercare at YOUR expense and 480 hours of community service following the period of aftercare and the use of an ignition interlock device for a minimum of 30 days.

However, if the person does have a breath alcohol concentration of .15 or greater it may still be possible to have the Aggravated DUI charge amended to a standard DUI, thus limiting the amount of punishing the court may impose.

Current DUI Legislation

Virtually each legislative session, the Oklahoma Legislature changes the DUI laws by making them even harsher and more costly to the person arrested.  In its most recent session, the Legislature increased nearly all costs for the programs the court may order.  The cost of the DUI School increased to between $150.00 & $360.00 and cost of the  DUI Assessment increased to $175.00;  court costs alone increased approximately $100.00, to a total of $750.00 for arrests occurring after November 1, 2009.  All totaled, the costs and fees generated for a DUI arrest could exceed $2,500.00, not including the cost of your attorney and/or the cost of an ignition interlock device installed on your car.  

This is why it is in your best interest to hire a qualified lawyer to defend you for your DUI arrest.

DUI Impact on a Driver's License

Nothing above has any effect on your driver's license, unless your lawyer let's you get a conviction.  Even if you are acquitted at trial or the case is dismissed outright by the district attorney,  you will still need to resolve your driver's license issues with the Department of Public Safety.  It is imperative that within 15 days of your arrest you, or your lawyer, notify the Department of Public Safety, in writing, that you request an administrative hearing.  This allows you to retain your driving privileges until the administrative process has concluded with the Department of Public Safety and it gives your lawyer sufficient time to investigate your case, review the reports, review any videotapes that may exist and make a determination as to whether or not you have a chance to prevail at the administrative hearing.

If at the administrative hearing you win, your license will not be revoked by the Department of Public Safety.  If, however, you lose, you must appeal to the district court to have a new hearing regarding your driver's license privileges.  The only way you will be able to get a modified license is to file an appeal. If you lose at the appeal, you will still be able to get a modified DL.  

A modified license allows the first time offender to be granted a 180-day modified license by the Department of Public Safety.  This will allow you to drive 24/7 for this time period.  The only drawback will be that you will be required to install an ignition interlock device in your vehicle or any vehicle you drive during that suspension time.  An ignition interlock device requires you to blow into a tube prior to starting the car and periodically while the car is operational.  If the device detects any odor of alcoholic beverage it will lock itself down for a period of time not allowing you to operate the vehicle.  The cost of a modified license is approximately $900.00 for the180-day period.

Multiple Arrests 

A second or third arrest during a ten (10) year time period limits your driving abilities substantially.  However, on November 1. 2010, the Oklahoma State Legislature changed a law that now allows most that revocations can be modified.  Prior to this time, a one or three year revocation, you could not legally drive.