Although first time DUI offenders are rarely sentenced to incarceration, there are a number of different circumstances that can lead to imprisonment for even a first time offender. This article will help you find out when you can be sentenced to jail for a DUI in Muskogee.
The consequences of a DUI conviction, whether it’s a misdemeanor or felony conviction, are serious.
The penalties can range from as little as a fine for a first-time offense to a maximum of 10 years in the state penitentiary for more serious offenses.
The actual penalty that you receive for a DUI in Muskogee will depend primarily on:
- in what venue you were charged, a district or municipal court;
- if you have any prior DUI offenses; and
- the circumstances of your DUI offense (e.g., your blood alcohol level and if you injured or killed anyone).
Where was your Muskogee DUI charged?
In Oklahoma, you can be charged with Driving Under the Influence either in a municipal court or district court, depending on where you were arrested and by whom. If the arresting officer was a city or municipal officer, the policies of the department or precinct he is from will dictate where you will be charged. If the arresting officer was an Oklahoma Highway Patrolman, you will be charged in the district court.
When you are charged in a municipal court, the penalty could be no jail time or six months in jail. A fine may be assessed in addition to or in lieu of incarceration.
The penalties for a DUI charged in a state district court could be no jail time or up to a year in jail. Again, you may pay a fine instead of or in addition to any jail sentence.
What was Your Blood Alcohol Level at the Time Of Your Muskogee DUI Arrest?
If you are charged with a DUI in Muskogee and your blood alcohol level was .15 or higher, you can be charged with Aggravated DUI, which carries a mandatory 28-day inpatient drug and alcohol treatment. This is regardless of whether your DUI is classified as a misdemeanor or felony, and is applicable to both first-time and repeat offenders. While this is not technically a jail sentence, some may still consider it a form of incarceration.
Have you had a previous DUI in Muskogee?
If you have prior DUI convictions from either a municipal or state district court in the last 10 years, you could be charged with felony DUI. You could spend anywhere from 1 to 20 years in prison and pay a fine of up to $7,500.
Did your Muskogee DUI result in an accident or injury to others?
Finally, if your DUI results in injury to another, you can be charged with a felony DUI, whether you have a prior offense or not. Furthermore, if your DUI results in the death of a person, you can be charged with Manslaughter and face a life sentence in a state penitentiary.
Summary
The consequence of a DUI conviction are serious. If you are a first-time offender, you will typically not be sent to jail.
In other cases, however, whether you stand the chance of being sent to jail depends on whether you are charged in a district or municipal court, your blood alcohol level at the time of your arrest, whether you have a prior DUI conviction in the last 10 years, and whether you injured or killed anyone while driving under the influence of alcohol.
Low-cost Consultation: Muskogee DUI Attorney
If you are being investigated or have already been charged with a DUI in Oklahoma, contact an experienced Muskogee DUI lawyer as soon as possible to protect your legal rights. Your
Call Wirth Law Office – Muskogee today at 918-913-0725, or toll free at 1-888-447-7262 [Wirth Law].
