All drivers in Tulsa, Oklahoma have an affirmative duty to use due care when driving to protect themselves and others. Anything that interferes with a driver’s ability to use due care while on public roads can run afoul of the law. Driving under the influence (DUI) is one example of a behavior that is a clear breach of that duty and is against the law. Driving under the influence includes any substance that impairs driving, including alcohol, marijuana, drugs, and even some over-the-counter medications. It is against the law in Oklahoma and penalties can be severe.
If you are facing DUI charges in Tulsa, you will need the help of an experienced Oklahoma criminal lawyer.
BAC Limits in Oklahoma
In Oklahoma it is against the law for a person to drive any motor vehicle:
- with a blood alcohol content level (BAC) of .08% or higher,
- who is under the influence of alcohol;
- who has any amount of a Schedule I chemical or controlled substance in their system;
- who is under the influence of any intoxicating substance other than alcohol which renders that person incapable of safely driving or operating a motor vehicle; or
- who is under the combined influence of alcohol and another intoxicant which may render such person incapable of safely driving or operating a motor vehicle. Okla. Stat. tit. 47 § 11-902
BAC levels and levels of Schedule I drugs can be measured within two hours of arrest. Any trace of a Schedule I drug will subject a person to a charge of driving under the influence. Some examples of Schedule I drugs include: heroin, LSD, and marijuana.
Penalties For Driving Under the Influence
A first DUI conviction is a misdemeanor, punishable by up to 1 year in the county jail, a fine up to $1000, or both. Penalties escalate with repeated convictions. A second DUI conviction within 10 years is a felony, punishable by a prison term of 1 to 5 years, a fine of up to $2500, or both. Okla. Stat. tit. 47 § 11-902
In addition, courts can mandate treatment, including substance abuse support group meetings (ex: Alcoholics Anonymous), or other substance abuse treatment. Courts can mandate residential treatment as well. They can require that a defendant either go into residential treatment or face jail time.
Multiple convictions for driving under the influence mean increased penalties each time. Over time, a defendant can face up to 480 hours of community service, prison time from 1 to 20 years, a fine up to $5000, or some combination of all of these penalties. Okla. Stat. tit. 47 § 11-902
If a death is involved, penalties are even higher. A person can face charges of murder in the second degree or manslaughter in the first degree, both serious charges. A person charged with a DUI after such a conviction could face a prison term of up to 20 years, a fine of up to $10,000, or both. Okla. Stat. tit. 47 § 11-902
Finally, any DUI conviction will mean some limitations on your ability to drive in the future. Your license may be suspended or revoked.
Driving Under the Influence Defenses
Talk to an experienced DUI attorney in Oklahoma as soon as possible. Remember, that anything that you say to the police can be used against you. So, it is better to have your attorney present if you want to talk to the police about your charges. Defenses depend on the circumstances of the case.
Here are some of the more common defenses:
Problems with Testing Equipment: Tests can be poorly administered or have other problems. An experienced attorney may know about problems with particular testing equipment and protocols.
Improper Stop: This can happen if the police officer had no probable cause to make the initial traffic stop. This defense is highly technical and fact-bound.
Other defenses may be available to you. Discuss them with your attorney.
Initial Strategy Session with a Tulsa Criminal Defense Attorney
These charges can be frightening to face alone. Contact the Tulsa criminal defense attorney at Seventh Street Tulsa Law Firm for a initial, confidential consultation. Call today at (918) 932-2777. We’ve also provided a form on the right side of this page where you may send your question or inquiry and receive an e-mail reply. One of our lawyers will get back to you promptly.