An Oklahoma DUI charge is defined as the operation of a motor vehicle by a person who is under the influence of intoxicants. Intoxicants include alcohol, illicit drugs, and even prescription medications. You are considered to be driving under the influence of alcohol if your blood alcohol content (BAC) is .08% or higher.
Officers who work to identify drunk drivers are looking for several telltale signs of intoxication, such as a vehicle weaving between lane lines, crossing or straddling the lane line, or an inability to maintain their speed or negotiate turns properly, such as making wide turns or stopping during a turn. And in some cases law enforcement will try to use speeding, even though speeding is not considered an indicator by the lab tests that were conducted by the National Highway Traffic Administration (NHTSA).
The charge of aggravated driving under the influence is a DUI in which the arrested individual's breath or blood test registered a BAC of .15% or greater. Aggravated DUI carries additional punishment from a standard DUI If your BAC was .15 or greater, the district attorney has the option to file it as either DUI or Aggravated DUI. Law Enforcement will often tell the arrested individual that an Aggravated DUI is a felony DUI, but this is not true. In fact, Aggravated DUI has no bearing on whether the DUI charge will be a misdemeanor or felony.
Many factors come into play when determining punishments for DUI conviction. When rendering a sentence, the judge l may consider your blood alcohol content, the number of prior DUI convictions on your record, and any injuries sustained by other parties. Additionally, the court will look to see if you completed any treatment. Whether the charge is filed in municipal (city) or state district court also will influence the severity of the sentence.
If it is your first DUI, it is likely you will be charged with a misdemeanor, as long as you did not have a minor in the vehicle with you and no one was injured. In municipal court, a misdemeanor DUI conviction carries up to six months in jail and a monetary fine. In state court, a misdemeanor DUI or APC will a fine as high as $1,000 and a jail sentence anywhere from 10 days to one year.
If you have been charged with DUI in Oklahoma, call the Hunsucker Legal Group today at 405-231-5600 to schedule a free, no-obligation consultation to see how we can help you receive the best possible outcome in your case.
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