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Oklahoma Alcohol Driving Offenses

Aggravated DUI in Oklahoma is based upon the test result. If a person tests - either by breath or blood - a .15% or higher, he CAN be charged with aggravated DUI. A prior record DOES NOT matter. This can apply to a first timer arrest as well. These charges can ONLY be filed in a State-level court. Municipal Courts do not have the jurisdiction to file this charge. The punishment for this type of DUI starts with the same punishment as a "regular" DUI: up to one year in jail and/or a $1,000 fine for a first time OR, up to 10 years and/or $5,000 fine if you have had two or more prior convictions of felonies before. However, aggravated DUI provides for an ADDITIONAL "layer" of punishment of, IF CONVICTED, 30 days mandatory in-patient alcoholism treatment, 480 hours community service, one (1) year of aftercare meetings, and an ignition interlock installed on the person's car for no less than 30 days. This way of charging applies to an Actual Physical Control while under the Influence (APC) as well.

see also An Open Letter and Arrested for DUI? What you should know.

1. DUI

   A person is charged with this crime when he/she is stopped while driving and is under the influence of alcohol and/or drugs OR has a test result of .08% BAC or more. The punishment will range from a fine of as little as $100.00 up to $1,000.00 and/or a jail sentence up to one year, EVEN for a first offense. Persons with prior convictions can face fines up to $5,000.00and jail sentences of up to ten (10) years!

2. APC

   A person is charged with this crime when he is in his/her vehicle and is under the influence like in a DUI. However, in these cases, the person is NOT driving but is parked or sitting still on a street or a parking lot, and COULD drive if he wanted to do so. This crime is, effectively, the SAME THING as DUI ! It carries the same punishments.

3. AGGRAVATED DUI or APC

   If a person tests .15% or more at arrest, he can ALSO face 30 days mandatory in-patient treatment, 480 hours of community service, one year of aftercare meetings, and an interlock on his car for at least 30 days. This is in additional to ALL other punishments available for the DUI or APC. This can EVEN be for a FIRST OFFENSE!

4. DWI

   This is Driving While Impaired by alcohol; NOT Driving While Intoxicated. This crime is charged against the person who is driving but has an alcohol level BELOW .08% BAC, specifically, specifically, .06 to .07% BAC. It carries a lesser punishment in most courts. The maximum punishment for this crime is a fine of $500 and/or six (6) months in jail. The license is revoked for only thirty (30) days and ONLY if you are convicted.