What’s the difference between a “regular” DUI and an aggravated DUI charge in Oklahoma? For the most part, the difference comes down to the level of blood or breath alcohol concentration, said Tulsa criminal and DUI defense attorney Stephen Cale.
The following is for educational purposes only, is not legal advice, and does not constitute an attorney-client relationship. 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.
What Aggravated DUI in Oklahoma Consists Of
Basically, aggravated DUI consists of two things: 1) driving under the influence; and 2) with a blood or breath alcohol concentration of fifteen-hundredths (0.15) or more.
Misdemeanor or Felony?
Aggravated DUI is a misdemeanor in Oklahoma, assuming that there is no other factor that makes the charge a felony. An example that would make aggravated DUI a felony is if the defendant had a prior DUI conviction (aggravated or not) within the past 10 years.
Consequences of Aggravated DUI
The consequences of of an aggravated DUI can be severe, including:
- Potential loss of driving privileges for a certain amount of time. There is a way to potentially keep your driver’s license from being suspended, however.
- A mandatory drug and alcohol assessment and compliance with recommended treatment, if any.
- Confinement in jail anywhere from 10 days to one year and a fine of no more than $1,000.
Of course, if a defendant is found not guilty at trial, there will be no jail time, fines, assessments, etc. A person may also avoid jail time with a plea deal.
- Not less than one (1) year of supervision and periodic testing at the defendant’s expense.
- An ignition interlock device or devices on your vehicle for at least 90 days. Basically, an ignition interlock device is a breathalyzer for your vehicle. The vehicle driver must blow into the mouthpiece of the device. If the breath alcohol concentration is greater than a certain amount, then the vehicle will not start.
- Mandatory attendance of a Victim’s Impact Panel (VIP). This is a class that lasts about two hours. People whose lives have been affected by intoxicated drivers will talk to participants about the impact drunk driving has had on them. The class is designed to be an awareness program.
- Mandatory “DUI school.” Technically called a Alcohol and Drug Substance Abuse Course, the DUI school is a 10 or 24 hour course that addresses the consequences of operating a vehicle while under the influence of alcohol or drugs. The amount of hours that you must complete is based on your assessment.
How An Attorney Can Help If You’re Arrested For Aggravated DUI
You will absolutely need an attorney if you’re arrested and charged with aggravated DUI. In many cases, if you are out on bond after your arrest, a judge will require you to have an attorney.
Tulsa DUI and criminal defense attorney Stephen Cale develops a defense strategy plan for his clients. He also looks for a way to save his clients’ driver’s licenses from being revoked.
Of course every case is different. Sometimes a client will choose to fight the charge. Other times, clients simply want to try to get the best deal they can get. Either way, it’s important that you hire an experienced attorney.
Attorney Stephen Cale has been serving clients with legal needs since 1999. For a free initial consultation and defense strategy plan, call the Cale Law Office at 918-277-4800. Or you can contact us through the web.
Serving clients throughout Northeastern Oklahoma, including Tulsa, Washington, Nowata, Rogers, Craig, Okmulgee, Creek, Pawnee and Osage counties.
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