Oklahoma’s Erin Swezey Act

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The Erin Swezey Act went into effect in Oklahoma on November 1, 2011. Named for a young woman who was killed by a drunk driver in 2009, this piece of legislation imposes harsher drivers license-related punishments for first and subsequent DUI offenders.

Ignition Interlock Device after DUI Conviction

The Erin Swezey Act mandates the installation of an ignition interlock device (IID) in order for a convicted drunk driver to have his or her license reinstated. The length of time the IID is required will vary, depending on convicted drunk driver’s number of prior convictions.

First Offense

For a first offense DUI, the IID will be imposed if the licensee either refuses to take the state’s test or has a blood or breath alcohol content of .15 or higher. Under these circumstances, the driver’s license would be revoked for six months. In order to have the license reinstated after those six months, a IID would be required for 18-months.

Second Offense

For a second DUI in a 10-year period, there’s an automatic one-year license revocation. The required IID time under the Erin Swezey Act is four years for a total of five years of IID, if the licensee elected to get modified driving privileges.

Third Offense

On a third DUI in 10 years, the mandatory license revocation period is three years, although this revocation is modifiable. Under the Erin Swezey Act, an additional interlock sentence of five years will be added after the three-year suspension has been served, or a total of eight years if the driving privileges have been modified.

Protecting Your Good Name

Oklahoma lawmakers, district attorneys and judges take a hard stance on punishing drunk drivers. If you have been charged with a first or subsequent DUI in our state, it is essential that you work with an experienced and aggressive DUI defense attorney who can protect your rights at every stage of your case.

Call the Hunsucker Legal Group today and schedule a free review of your case with one of our attorneys.

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