In Oklahoma, a DUI charge may be filed as “aggravated” if your blood alcohol content was shown to be .15% or higher at the time of arrest. Having a BAC of .15 or higher will not elevate a misdemeanor DUI charge to a felony; however, it will incur additional penalties on top of the standard DUI punishments.
For instance, a first-offense misdemeanor DUI can result in up to six months in jail if filed in municipal court and up to a year in jail if filed in state court. The maximum fine for state court misdemeanor DUI is $1,000, though the fine can vary depending on the court in which the charge is filed. For example, Oklahoma City Municipal Court carries a fine up to $1200.
However, if the charge is aggravated DUI, you may receive additional penalties, including: mandatory in-patient alcohol treatment for a minimum 28 days, probation including one year of aftercare following release from the in-patient treatment facility, periodic testing and alcohol monitoring during the probation period, mandatory installation of a ignition interlock device in your vehicle, and 480 hours of community service.
What Will Happen to My Driver’s License?
As with all Oklahoma DUI or APC cases, an aggravated DUI charge actually entails two separate actions. The first is the criminal charge for the act of driving under the influence and the second is a civil action against your driving privileges. In order to defend your driving privileges and have any chance at retaining your license, you must contact the Oklahoma Department of Public Safety (DPS) within 15 days of being arrested to request an administrative license hearing. At the hearing, the DPS will determine whether the Board of Tests rules were followed during your arrest. If we are retained within the 15 days, we will request the hearing for you.
If the hearing is not requested within 15 days of your arrest, your license will be automatically suspended on the 30th day and you will have no chance to avoid a license suspension. . The only exception is when there is a blood test versus a breath test or refusal. The 15 days starts to run once notice is received that you tested over the legal limit.
Quality DUI Representation in Oklahoma
DUI defense is a complicated area of law. Without experienced and trained legal representation, you risk a conviction that could result in serious and life-altering penalties. If you have been charged with DUI, DWI, Aggravated DUI, or APC in Oklahoma, call the Hunsucker Legal Group in Oklahoma City. We defend hundreds of clients against alcohol-related charges every year and have an excellent record of obtaining best possible outcomes in their cases.
Call the Hunsucker Legal Group at 405-231-5600 to schedule a free, no-risk consultation.
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