Laws regarding driving under the influence in Oklahoma are among the strictest in the nation. There are a number of Muskogee local and state statutes that target many types of impaired driving. So think carefully before you ingest anything that may impair your ability to drive.
FAQ: Driving Under the Influence in Oklahoma
As an adult over the age of 21, you will be in violation of driving under the influence in Oklahoma statutes if you have a blood alcohol content (BAC) of 0.08% or higher and are driving a motor vehicle. Okla. Stat. tit. 47 § 11- 902
You will also be deemed to be driving under the influence (DUI) if any trace of a Schedule I drug is found in your system while you are driving in the Muskogee area. Okla. Stat. tit. 63 § 2-204
The fact that you might be legally entitled to use this drug or other substance is not a defense under driving under the influence in Oklahoma statutes. Impaired driving is impaired driving under the law.
If you are under the age of 21 and are driving under the influence, regardless of amount, you could be charged with a DUI. Even that little sip of wine or beer that you might have had will show up in a BAC, and that could spell trouble.
First DUI offenses are generally misdemeanor crimes. The penalties are jail sentences ranging from 10 days to 12 months, and a fine of up to $1,000.
Implications of Implied Consent
Statutorily, Oklahoma is what is considered to be an “implied consent” state. That means that by driving within state lines, you are deemed to have given consent for a breathalyzer test if you are stopped.
If you refuse, a license suspension is automatically imposed in addition to any applicable criminal penalties. The suspension may at times be modified to allow you to drive to work, school, or other necessary location.
Additional DUI Offenses: The 10-Year Rule
A second DUI within 10 years of a first conviction will be charged and punished as a felony offense. Incarceration time may increase to between one and five years and the fine increases to up to $2,500.
A second felony may increase prison time to 10 years, and the fine to $5,000. In addition, the court may impose mandated treatment and rehabilitation for any DUI conviction.
Low-cost Consultation: Muskogee DUI Defense Attorney
If you are being investigated or have already been charged with a DUI in Oklahoma, contact an experienced Muskogee DUI defense attorney 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].
