Ingesting any intoxicant and driving after can get a person into some serious trouble for driving under the influence in Okmulgee.
Driving under the influence of alcohol is certainly one of the most common types of intoxicants, but not the only one. Marijuana, meth, or any other illegal drugs can subject a person to a DUI conviction. Even over-the-counter or prescription medications can mean a DUI conviction.
Alcohol Levels in Oklahoma DUI Cases
In Oklahoma, it is against the law for a person to drive any motor vehicle:
- with a blood alcohol content level of .08 percent 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
Penalties For Driving Under the Influence
A first DUI conviction is a misdemeanor, punishable by up to one year in the county jail, or a fine up to $1,000, or both. In addition, for all DUIs the court will order that the defendant participate in an assessment and evaluation, and follow all the court’s recommendations based on that evaluation. This may mean attending AA meetings, or other substance abuse classes.
A second conviction within 10 years of the first makes the DUI a felony. A second DUI is punishable by a prison term from one to five years, a fine up to $5,000, or both. Okla. Stat. tit. 47 § 11-902
Following the court’s recommendations for this crime may include in-patient substance abuse treatment or other diversion program. If diversion is available, diversion could help avoid prison time.
In many cases, time spent in treatment may count as time served if the program is completed successfully.
Any subsequent DUI offense within 10 years is treated as a felony. If convicted, you could face 480 hours of community service, or be placed within the custody of the Department of Corrections for a period of from one to 20 years, pay a fine of up to $5,000, or some combination of all of these penalties. Okla. Stat. tit. 47 § 11-902
In addition, you will be required to participate in all court-ordered treatment at your own expense.
Finally, DUI convictions mean that your driver’s license will be suspended or revoked for some period of time. Your attorney may be able to persuade the court to allow limited driving privileges such as driving to and from work.
Possible DUI Defenses
Chemical tests administered can be faulty or the sample taken may be contaminated or lost prior to trial. Your attorney can help you build a strong defense.
Call for a Free Consultation With An Experienced Okmulgee Criminal Attorney
Call (918) 756-9600 or (888) Wirth-Law now for a free consultation with an Okmulgee Oklahoma lawyer at the Wirth Law Office – Okmulgee. Or, enter your legal question or concern in the firm at the top right of this page, and one of our attorneys will email or call you.
Finding the right Okmulgee lawyer for you can be difficult. Call the Wirth Law Office – Okmulgee at (918) 756-9600 and let us demonstrate why Wirth Law is the firm for you.
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