DUI and DWI are two of the most commonly charged crimes in Oklahoma. While they may seem like the same crime, there are some key differences between the two.
DUI vs. DWI in Oklahoma
DUI and DWI are both acronyms used for charges where a driver is impaired by a mind-altering substance. DUI, or “driving under the influence,” is the more severe charge of the two, while DWI stands for “driving while impaired.” In Oklahoma, DUI and DWI are separate crimes with different penalties.
The main difference between DUI and DWI in Oklahoma is the blood alcohol content (BAC) limit. For DUI, the BAC limit is .08%. This means that if you are caught driving with a BAC of .08% or higher, you can be charged with DUI.
For DWI, the BAC limit is between 0.05 and 0.079, or the driver must be presumed impaired by the arresting officer and unable to drive safely. If you are charged with a DWI, you still should reach out to an experienced DWI defense attorney, as this is a serious charge.
Legal Penalties for DUI and DWI
The penalties for DUI and DWI in Oklahoma are also different. A first-time DUI is considered a misdemeanor.
Penalties for DUI convictions can include fines, an ignition interlock device requirement in their vehicle for at least 18 months, license revocation, and jail time. These penalties vary due to the number of offenses and any enhancements to the crime.
Oklahoma’s Zero-Tolerance Policy for Minors Driving Under the Influence
In Oklahoma, there is a zero-tolerance policy for minors driving under the influence. This means that if you are under the age of 21 and you are caught driving with a BAC of .02% or higher, you can be charged with DUI.
The penalties for minors driving under the influence differ from those for adults. For a first offense, the penalty is 180 days in jail and a $1000 fine. For a second offense, the penalty is one year in jail and a $2500 fine. In addition, minors who are convicted of DUI will have their licenses suspended for one year.
Oklahoma recognizes social hosts, and the host of the event where underage drinking occurred is also held responsible. A person could be considered a social host if they provided the location for the event and can face a fine of $500, with steeper penalties if bodily injury or death was involved.
Enhancements for DUI
There are also several enhancements for DUI in Oklahoma. These include aggravated DUI and child endangerment charges.
Aggravated DUI is committed while the driver has a BAC of .15% or higher. The penalty for aggravated DUI is three years in prison and a $5000 fine. Those convicted of aggravated DUI must also install an ignition interlock device in all vehicles owned by them.
Child endangerment is a DUI enhancement committed while the driver has a minor under the age of 16 in the car. The penalty for child endangerment is five years in prison and a $5000 fine.
Norman DUI Attorneys
DUI is a serious crime in Oklahoma with harsh penalties. If you are charged with DUI, it is important to contact an experienced DUI attorney who can help you navigate the legal system and protect your rights. It is essential to get started early and prepare for your case ahead and out team at Redhawk Law can help!
Do you have more questions about DUI in Oklahoma? We’ve got answers! Schedule a free consultation with one of our DUI attorneys today to learn more about how we can help you fight your DUI or DWI charges. 📞: (405) 266-5072