Are you facing DUI charges in Oklahoma? If so, it’s crucial to understand the intricacies of the state’s DUI laws and the potential consequences of a conviction. At the Cale Law Office, our experienced Tulsa criminal attorney, Stephen Cale, has been serving our community since 1999. We are here to guide you through the legal maze and protect your rights when you’re facing DUI charges.
In this general overview, we’ll break down some key aspects of Oklahoma DUI laws, from the types of DUI charges to the penalties and the importance of seeking expert legal representation.
The following is for educational purposes only, is not legal advice, and does not constitute an attorney-client relationship. Laws change often and you should consult an attorney. If you or someone you know is facing criminal charges, call the Cale Law Office at 918-277-4800 for a free initial consultation. Or, contact us through the web.
DUI: It’s Not Just About Alcohol
Driving under the influence (DUI) in Oklahoma can involve alcohol, drugs, or a combination of both. The fact that you have a license to use a drug, such as medical marijuana, is not a defense to DUI. Additionally, having a prescription for a drug is not a defense to DUI. The crime of driving under the influence can entail driving:
- With a breath or blood alcohol concentration (BAC) of 0.08 or more;
- While under the influence of alcohol;
- While under the influence of an intoxicating substance other than alcohol;
- While under the influence of both alcohol and other intoxicating substances; or
- While having any amount of a Schedule 1 controlled substance in the driver’s blood, saliva, urine or any other bodily fluid.
See Related Article: 6 Things Oklahoma Marijuana Consumers Need To Know About DUI Drugs Law
Misdemeanor vs. Felony DUI
It’s essential to understand that Oklahoma law distinguishes between various DUI offenses. Some of those offenses are misdemeanors, while others are felonies.
Misdemeanor DUI: Generally speaking, a first-time DUI offense is a misdemeanor.
Felony DUI: If certain aggravating factors are present, your DUI charge may be elevated to a felony. The State may choose to file felony charges if you are arrested within 10 years of the end of your previous DUI conviction or term of probation.
Here’s an example: Samantha pled no contest to DUI on March 15, 2013. She got a two-year deferred sentence (probation). Police arrested her for DUI on March 16, 2023, 10 years and a day since she pled to her first DUI charge. Samantha thinks that she will not be charged with felony DUI because it has been more than 10 years since she pled.
However, the prosecutor does charge her with felony DUI. Why? Because the end of her probation was March 15, 2025. That puts her second DUI arrest within 10 years of the end of her probation.
There are also felony crimes that are associated with DUI: Some of these include: child endangerment by driving under the influence; driving under the influence and causing great bodily injury in an auto accident.
See Related Article: DUI Child Endangerment
Penalties for Misdemeanor and Felony DUI
Understanding the potential penalties associated with DUI is critical, as they can significantly impact your life. Keep in mind that most DUI cases don’t go to the trial level. Instead, an experienced Tulsa criminal attorney can negotiate a deal with the prosecutor. The deal may include no jail or prison time.
See Related Articles:
6 Things You Need To Know About Plea Deals In Oklahoma
4 Reasons You May Want A Plea Deal In A DUI, DWI Or APC Case
For misdemeanor DUI, consequences may include:
- Incarceration in jail anywhere from 10 days up to one year;
- A fine not exceeding $1,000
- Complete a drug and alcohol assessment and follow the recommendations in that assessment
- DUI school; and
- Victim’s Impact Panel
On the other hand, felony DUI convictions can lead to increased jail or prison time and fines. For a first felony DUI, the consequences may include:
- Prison time anywhere from one to five years;
- A fine not exceeding $2,500
- Complete a drug and alcohol assessment and follow the recommendations in that assessment
- DUI school.
For a second felony DUI conviction, the penalties are more stringent. In this instance, the consequences are:
- Prison time anywhere from one to 10 years;
- A fine not exceeding $5,000;
- Complete a drug and alcohol assessment and follow the recommendations in that assessment
- DUI school;
- Victim’s Impact Panel
- Complete 240 hours of community service; and
- Installation of an interlock device on the person’s vehicle.
State law imposes even harsher penalties for three or more felony offenses. They are:
- Prison time anywhere from one to 20 years;
- A fine not exceeding $5,000;
- Complete a drug and alcohol assessment and follow the recommendations in that assessment;
- One year of supervision;
- Victim’s Impact Panel
- DUI school;
- Complete 480 hours of community service; and
- Installation of an interlock device on the person’s vehicle.
Aggravated DUI
Oklahoma law recognizes a DUI offense known as “aggravated DUI.” It’s similar to “simple” DUI except that it involves a blood or breath alcohol concentration of 0.15 or more. Learn more about aggravated DUI in the link below.
See Related Article: What is Aggravated DUI in Oklahoma
Refusing DUI Blood or Breath Tests
In Oklahoma, you can legally refuse to take a DUI blood or breath test. However, this refusal can come with consequences. While your refusal won’t automatically result in a DUI conviction, it may lead to an administrative license suspension. It’s essential to consult with a skilled Tulsa DUI attorney to determine the best course of action when faced with a DUI arrest and the option of taking or refusing chemical tests.
Also, there are a couple of instances where law enforcement can take a blood or breath sample even if you refuse. Learn more in the link below.
See Related Article: What Happens When Refusing A Blood Or Breath Test For DUI Or APC
Consequences on Your Driver’s License
A DUI arrest can lead to a suspension or revocation of your driver’s license. This can create various challenges in your daily life, from commuting to work to running errands. Thankfully, there are avenues for defending your driver’s license, but it requires a strong legal strategy and quick action.
What to Do if You’re Arrested for DUI
Being arrested for DUI can be a stressful and confusing experience. In these circumstances, it’s crucial to remember that you have rights and legal options. Seek professional legal representation immediately to protect your interests. An experienced Tulsa criminal attorney, like Stephen Cale at the Cale Law Office, can provide guidance, challenge evidence, and work towards the best possible outcome for your case.
In conclusion, if you’re arrested for a DUI in Oklahoma, you’re faced with complex legal challenges that can significantly impact your future. Don’t navigate this journey alone. Get the right Tulsa DUI attorney for you. At the Cale Law Office, we focus on criminal law, including DUI defense. Our goal is to provide you with virgorous legal representation you need. Whether you’re dealing with misdemeanor or felony charges, we’re here to protect your rights, minimize the consequences, and help you move forward. Contact us today for a free consultation with a dedicated Tulsa DUI attorney. Your future may depend on it. Phone: (918) 277-4800.
