Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions, which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Oklahoma, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities. In 2004, there were 774 traffic-related deaths in Oklahoma, with 278 (36%) of those directly related to drunk driving. Even more concerning, 223 of those were related to drivers with a Blood Alcohol Content (BAC) of 0.08% or higher.

REGULATIONS FOR DUI/DWI IN OKLAHOMA

Blood Alcohol Content (BAC) is a measure of the amount of alcohol present in your bloodstream. Even the smallest amount of alcohol in your blood can affect your reaction time and judgement. In Oklahoma, if you are over 21, your driving is considered to be impaired if your BAC is between 0.05% and 0.08%. If your BAC is over 0.08% then Oklahoma law considers you to be intoxicated. If you are under 21, driving with any amount of alcohol in your blood is an offense and you will lose your driving license.

Having an Oklahoma license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyzer test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for any period between 180 days and three years, depending on your previous driving record. You may also be arrested.

Your license will be suspended or revoked, if you are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC above 0.05% but below 0.08% you will be fined $100 or face a jail term of 6 months. Your license will also be suspended, for a period depending on your driving history:

• For the first offense your license will be suspended for 30 days.
• For the second offense the suspension period is 6 months.
• For the third offense the suspension period rises to 1 year.

  The previous offences need not be related to drugs or alcohol to affect your suspension for DUI/DWI.

  If you are caught with a BAC higher than the upper limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

• A first offense is treated as a Misdemeanor. If convicted for a first offense:
  • Your license will be revoked for 180 days.
  • You will face a jail term of between 10 days and one year.
  • You will be fined up to $1,000.
• You may be eligible to drive using a hardship license. This allows you to drive to and from work, to and from alcohol or drug treatment, or to and from church. The hardship license is only valid during daylight hours. To find out more about the hardship license, call (405) 425-2098.
• A second offense within 10 years of the first offense is treated as a felony:
  • Your license will be revoked for one year, if you have had a prior DUI or drug related revocation within the previous 5 years.
  • You will face a jail term of between one year and five years.
  • You will be fined up to $2,500.
  • You may be eligible to drive using a hardship license. This allows you to drive to and from work, to and from alcohol or drug treatment, or to and from church. The hardship license is only valid during daylight hours. To find out more about the hardship license, call (405) 425-2098.
• A second felony offense:
• Your license will be revoked for three years, if you have had two or more prior DUI or drug related revocations within the previous 5 years.
• You will face a jail term of between one year and seven years.
• You will be fined up to $5,000.
• You may be eligible to drive using a hardship license. This allows you to drive to and from work, to and from alcohol or drug treatment, or to and from church. The hardship license is only valid during daylight hours. To find out more about the hardship license, call (405) 425-2098.
• A third or subsequent offense:
• Your license will be revoked for three years, if you have had two or more prior DUI or drug related revocations within the previous 5 years.
• You will face a jail term of between one year and ten years.
• You will be fined up to $10,000.
• You may be eligible to drive using a hardship license. This allows you to drive to and from work, to and from alcohol or drug treatment, or to and from church. The hardship license is only valid during daylight hours. To find out more about the hardship license, call (405) 425-2098.
• You will also be required to have an ignition interlock device fitted to your vehicle.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. Oklahoma operates a "zero tolerance" system for drivers under the age of 21. Your license will be automatically revoked if you are caught driving with any amount of alcohol in your blood.
2. A first offense:
3. Your license will be revoked for 6 months.
4. You will be fined between $100 and $500, be required to undertake 20 hours of community service or undergo a treatment program - or any combination of these.
5. A second offense:
6. Your license will be revoked for 12 months.
7. You will be fined between $100 and $1,000, be required to undertake 240 hours of community service or undergo a treatment program - or any combination of these.
8. You will be required to use an ignition interlock device on your vehicle for a period of at least 30 days after your driving privileges are restored.
9. A third offense:
10. Your license will be revoked for 36 months.
11. You will be fined between $100 and $2,000, be required to undertake 480 hours of community service or undergo a treatment program - or any combination of these.
12. You will be required to use an ignition interlock device on your vehicle for a period of at least 30 days after your driving privileges are restored.
13. If you are under 18 and are arrested for any crime involving alcohol, regardless of whether you were driving a vehicle or not, you will lose your driving privileges for a period of between 6 months and 2 years, depending on your previous driving record and the circumstances.
14. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. If you are convicted for your BAC being higher than 0.04%, you will be barred from driving for at least one year.
2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
3. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time. This may or may not be reduced to ten years.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

Oklahoma takes a strong stand against DUI/DWI. As well as having your license suspended or revoked, you will face fines, a jail term and be required to undertake community service for periods of up to 480 hours.

You will also be required to undergo a substance abuse review and assessment. You must follow all recommendations made by the review and in severe cases you will be subject to supervision and periodic alcoholic testing.

You will be given a temporary driving permit once your license is suspended, and you may request a hearing. It is a good idea to consult a DUI/DWI lawyer, based on the reason for the suspension, before scheduling a hearing.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

The steps you need to follow to reinstate your license following a suspension depend on several factors, including the reasons for suspension and any other violations on your record. You should contact the Oklahoma Department of Public Safety for more information on individual cases. You can call the DPS at (405) 425-2424 or mail them at:

Department of Public Safety

P. O. Box 11415
Oklahoma City, OK 73136    

You can also visit them at:

Department of Public Safety

3600 N. ML King Ave
Oklahoma City, OK 73111    

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.