Question: Can I be charged with DUI in Oklahoma if my BAC is below .08%?
Answer: Absolutely. If they can show that your alcohol content or the amount of alcohol that was in your system impaired your driving to the point that you were driving, that it was influencing your driving, they can technically charge you with it. In Oklahoma, we have a driving while impaired or DWI provision in the law, which is if you have a blood alcohol content of .06 or .07 blood alcohol content or breath alcohol content, they can, they won’t charge you with DUI—they’ll charge you with DWI.
Typically, if it’s below .05 or below, they will not charge you with either one of the two because it’s extremely difficult for them to show the impairment, with the exception of if someone is under the age of 21. If they’re under the age of 21 and there is any measurable quantity of alcohol in their system—and in Oklahoma state law, that “any measurable quantity” is .02 or higher—then they could be charged with a DUI under 21. But if they are under the age of 21 and they have a .08 or higher, they can be charged with the full DUI, if you will.
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