Driving under the influence or DUI means operating a vehicle – a car, truck, tractor, bicycle, or motorcycle – while impaired by intoxicating substances. Substances that cause intoxication include alcohol, illegal drugs, and even legal drugs like prescriptions or certain medications. Driving after drinking alcohol is considered illegal if your blood alcohol content (BA) is .08 percent or higher.
Second-offense DUIs carry different punishments than first-offense DUIs in Oklahoma. The severity of the punishments can depend on a few factors.
What Are the Types of DUI Charges in Oklahoma?
Driving under the influence or DUI is a fairly common term that most people understand, however, Oklahoma law defines a few different types of DUI charges – a regular DUI, driving while impaired or DWI, actual physical control or APC, manslaughter, and DUI with a child in the vehicle.
Each charge involves different punishments. A few additional factors determine the kinds of penalties you might face, including your BAC, whether the charges were filed in a state or municipal court, and any past DUIs. The punishments for a second-offense DUI are more severe than a first-offense.
Is a Second-Offense DUI a Felony or Misdemeanor in Oklahoma?
If your first DUI occurred within the past ten years, a second-offense DUI is considered a felony.
What Is the Potential Jail Time for a Second-Offense DUI in Oklahoma?
Sentencing can include one to five years’ time in a Department of Corrections facility.
What Are the Potential Fines for a Second-Offense DUI in Oklahoma?
Sentencing can include fines up to $2,500.
How Long Will My License Be Suspended for a Second-Offense DUI in Oklahoma?
Unless you enroll in the Impaired Driver Accountability Program or contest your license suspension, your license will be suspended for up to one year.
Contesting a Second-Offense DUI License Suspension
When you were arrested, law enforcement should have given you a “notice of revocation.” Along with that notice, you should have received information about contesting your suspension. If you did not receive either of these documents, let your lawyer know immediately.
You have the option to contest your license suspension or apply for the Impaired Driver Accountability Program (IDAP). In cases where you need to keep your license before your trial in order to drive to work or for any other reason, you should look into these options.
Choosing to contest your license has some advantages to enrolling in the IDAP. Since the state must present their argument against you to an extent, your lawyer gets a chance to better understand their argument. You also have the chance to keep your license without going through the IDAP.
Do You Have to Attend DUI School for a Second-Offense DUI in Oklahoma?
Ordinarily, you will, particularly if you were charged by the state versus a municipality. If you were charged by a municipality, there may be some room to negotiate.
Do You Have to Attend a Victim Impact Panel for a Second-Offense DUI in Oklahoma?
Again, this depends on where your charges were filed – state or municipality. It also depends on whether or not you apply for the IDAP.
Do You Have to Get an Ignition Interlock Device Installed for a Second-Offense DUI in Oklahoma?
An ignition interlock device is required for second-offense DUIs. In criminal cases, the length of time you must have the ignition interlock device installed will be decided in negotiations. If you were charged by the Department of Public Safety, the typical length of time is one year.
How Are Second-Offense DUIs Treated if the BAC is Above 0.15?
If your BAC was above 0.15, you would be charged with an aggravated DUI versus a non-aggravated DUI. The penalties for an aggravated DUI include more probationary requirements if you’re convicted.
Can You Explain the Difference Between a Municipality Charge and a State Charge?
Oklahoma City and the City of Fulton are the only two independent municipalities in the state. As independent municipalities, they can determine their own regulations around punishments and city ordinances. As such, if you’re charged with DUI by Oklahoma City or the City of Fulton, the charges and potential punishments may vary from those that the state prescribes.
Can a Second-Offense DUI Be Expunged in Oklahoma?
Potentially, depending on the results of your case.
Second-Offense DUI Defense Strategies
Facing second-offense DUI charges brings up many emotions. You might be feeling worried about your future, but know that we can fight your charges. There’s always the possibility of getting your charges dismissed or reduced. It happens on a regular basis.
At the Hunsucker Legal Group, our record of DUI wins speaks for itself. We use our extensive experience and knowledge to devise tough defense strategies for our clients.
Contact us today to schedule a free, online case evaluation, and start planning your defense.
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