Oklahoma DUI First-Offense Penalties

Operating a motor vehicle while intoxicated is illegal in Oklahoma, as it is in all states.
Many substances, including alcohol, illegal drugs, and even legal, prescription drugs, can cause intoxication resulting in a DUI charge. If you are pulled over, and your blood alcohol content (BAC) is higher than .08 percent, you can be charged with DUI.

In Oklahoma, there are a few different charges associated with driving while intoxicated, including driving under the influence (DUI), driving while impaired (DWI), actual physical control (APC), vehicular manslaughter, and DUI with a minor in the vehicle. The consequences for each charge are different. For first-offense DUI charges, the potential penalties depend on a few things, including your BAC at the time of arrest and the court where law enforcement files your charges.

Is a First-Offense DUI a Felony or Misdemeanor in Oklahoma?
A typical first-offense DUI is considered a misdemeanor as long as the incident did not result in injury or death, and there were no children in the vehicle.

What Is the Potential Jail Time for a First-Offense DUI in Oklahoma?
If you’re charged by the state, the sentence for a first-offense DUI can be ten days to one year in a county jail. A few municipalities in Oklahoma are still able to charge people with DUIs. If you’re charged by a municipality, the sentence for a first-offense DUI can be up to six months in jail.

What Are the Potential Fines for a First-Offense DUI in Oklahoma?
If you’re charged by the state, the sentence can carry fines up to $1,000. If you’re charged by a municipality, the sentence can carry fines up to $1,200.

What Is the License Suspension Period for a First-Offense DUI in Oklahoma?
A first-offense DUI carries a potential license suspension of up to six months, but you have the opportunity to contest the suspension or enroll in the Impaired Driver Accountability Program (IDAP), where you will be able to keep your license with certain conditions.

Contesting a First-Offense DUI License Suspension
There are two ways to maintain your driving privileges – contest the suspension or program. When you received your notice of revocation from law enforcement, you should have received a document that explains your right to contest the suspension or apply for the IDAP. There are pros and cons to each method.

If you contest your license suspension, your lawyer has an opportunity to learn more about the prosecution’s argument against you. If you successfully contest the suspension, you get to keep your license without an ignition interlock device. The IDAP program requires the installation of an ignition interlock device.

Do You Have to Attend DUI School for a First-Offense DUI in Oklahoma?
You will most likely have to attend DUI school for a first-offense charge, especially if you were charged by the state. If you were charged by a municipality, your attorney could negotiate on whether or not you have to attend DUI school.

Do You Have to Attend a Victim Impact Panel for a First-Offense DUI in Oklahoma?
In the IDAP, you will likely have to attend a victim impact panel. If you do not apply for the IDAP, that requirement depends on where the charges were filed – with the state or with a municipality.

Do You Have to Get an Ignition Interlock Device Installed for a First-Offense DUI in Oklahoma?
If you elect to enroll in the IDAP, yes. Ignition interlock devices are part of that program. If not, it will depend on where your charges were filed and what your lawyer can negotiate. If you contest the license suspension and win, you will not have to have an ignition interlock device installed.

How Are First-Offense DUIs Treated if the BAC is Above 0.15?
If your BAC is above 0.15, you will be charged with aggravated DUI rather than non-aggravated DUI. The consequences of aggravated DUI include more probationary requirements, but the sentence range and fines remain the same.

Can You Explain the Difference Between a Municipality Charge and a State Charge?
DUIs can only be prosecuted by a court of record in Oklahoma. Courts of record include all state and county courts as well as the City of Oklahoma City and the City of Fulton, which are independent municipalities. Since they are considered independent municipalities, the City of Oklahoma City and the City of Fulton have their own rules and regulations regarding DUIs that may be different than the state regulations.

Can a First Offense DUI Be Expunged in Oklahoma?
First-offense DUIs can be expunged in Oklahoma, depending on the result of the case. If you are convicted, you can have your record expunged five years after your probation ends. If your sentence is dismissed after probation, you can have your record expunged after one year.

First-Offense DUI Defense Strategies
Being charged with a first-offense DUI probably brings up all kinds of worries – potential prison time, losing your license, having a crime on your permanent record. Keep in mind there are many ways to fight your charges and avoid some or all of these consequences.

At The Hunsucker Legal Group, we specialize in DUI defense, and we have a long history of winning cases that seem hopeless. Because of our experience, we can develop aggressive tactics to help our clients get their charges reduced or dismissed.

Contact us today for a free, no-obligation DUI case review.