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What Happens if I’m Facing a Driver’s License Suspension in Oklahoma?
DUIs are considered serious offenses under Oklahoma law. This is because the state ranks the tenth highest in the nation for fatal accidents involving an impaired driver. Due to this statistic, DUI convictions have strict consequences. One of these is the loss of driving privileges. Someone convicted of a DUI can find their license suspended for a significant period of time. This can impact their ability to hold down a job, meet family commitments, and fulfill other responsibilities. This can make rehabilitation difficult.
Everyone makes mistakes. Convictions are meant to correct an offender’s behavior and help them become constructive members of society. This is why there is an appeal process to allow those convicted of a DUI to keep their license. However, this is an appeal process that must be followed. This is why having an attorney experienced in Oklahoma DUI law is vital if you or a loved one have been arrested for a DUI.
What is a DUI In Oklahoma?
DUI stands for Driving under the Influence. While some states combine DWI and DUI under one criminal violation, Oklahoma differentiates between the two. DWI stands for driving while impaired. It specifically relates to drunk driving. Someone is guilty of DWI if they are operating a motor vehicle with a blood alcohol content of .08 or higher. DUI stands for driving under the influence. It is a broader category. Under Oklahoma law, someone is guilty of DUI if they are driving:
- With a BAC of .08 or Higher
- Under the Influence of a Schedule 1 Controlled Substance (Heroin, LSD, MDMA, etc.)
- Under the Influence of an Intoxicating Substance Other than Alcohol
- Under the Combined Influence of Alcohol and Another Intoxicating Substance
Under Oklahoma law, an intoxicating substance can include prescription or non-prescription medication that impairs someone’s ability to operate a motor vehicle. This means if someone takes a doctor prescribed medication that has unexpected side effects they could end up with a DUI. The same is true if they took an over-the-counter medication that unexpectedly impacted their ability to drive. You do not have to have been under the influence of alcohol to receive a DUI.
What are the Penalties for a DUI in Oklahoma?
The penalty for a DUI depends on whether someone has ever been arrested for a DUI before and, if so, how many times. A first-time offense is usually a misdemeanor. This means the punishment will generally be less severe than subsequent offenses. If someone has been previously convicted of a DUI they will usually face felony charges. This means more severe penalties. Common penalties for DUI convictions in Oklahoma include:
- First Offense: A Fine of Up to $1,000 and Ten Days to One Year in Jail
- Second Offense: A Fine of Up to $2,500 and One to Five Years in Prison
- Third and Subsequent Offenses: A Fine of Up to $5,000 and One to Ten Years in Prison
In addition, once someone is arrested for a DUI, they will automatically have their driver’s license suspended. This is called an Administrative Suspension. It can last up to six months. An administrative suspension is meant to keep a potentially dangerous driver off the roads pending a trial. If you are pulled over on suspicion of DUI and refuse to take a breathalyzer test, you can also face administrative suspension.
If someone is convicted of a DUI, the Administrative Suspension is extended into a Criminal Suspension. For a first time offense, a Criminal Suspension can last anywhere from six months to a maximum of three years. If someone is convicted a second or more times, the length of their Criminal Suspension will vary according to the specific circumstances of the case. This includes how many prior convictions the driver has, their level of intoxication, whether a crash was involved, and other factors. Someone convicted of a second or third offense could potentially lose their license for one to three years.
Can I Avoid Having my License Suspended After a DUI Conviction in Oklahoma?
The State of Oklahoma realizes every case is unique. It also realizes that the loss of a license could result in severe consequences for the individual. These include the loss of a job, difficulty meeting family obligations, and more. DUI convictions are meant to keep Oklahoma’s roads safe. They are not meant to make the person convicted suffer needlessly. This is why there is a system to appeal the loss of a license. However, a person arrested for DUI must act quickly.
If someone is arrested for a DUI, a request for a hearing to contest license suspension must be filed with the Oklahoma DPS within fifteen days. If this request is successfully filed, the person will receive a hearing. At this hearing, a judge will review the circumstances of the case and determine if the suspension can be waived. If the judge rules the suspension will remain intact, the person can still file an appeal with the District Court.
Alternatively, someone can agree to have an interlock device installed in their car in lieu of a suspension. An interlock device is a breathalyzer connected to a car’s ignition system. It requires someone to blow into it in order to start the vehicle. If their BAC is .08 or higher, the vehicle will not start. Interlock devices must be installed at the driver’s expense. This can cost between $1,000-$4,000. Many drivers cannot afford this expense. They also cannot afford to lose their license. This is why it’s important to have an experienced DUI attorney on your side if you are arrested for a DUI.
What Should I Do if I’m Arrested for DUI in Oklahoma?
Losing your license due to a DUI could have a long-lasting impact on your life. You could lose your job and your family relationships could suffer. This is why it’s important to have an attorney on your side. If you or a loved one have been arrested for DUI and are facing the loss of your license, don’t hesitate to immediately contact Parsons, Graham, and Day LLC, located at 525 S Main St #300, Tulsa, OK 74103.
The attorneys of Parsons, Graham, and Day LLC are experienced in helping drivers keep their licenses following DUI arrests. They understand that people make mistakes, and sometimes cases are more complicated than they seem. They feel everyone deserves a second chance and that one mistake shouldn’t ruin the rest of a person’s life. They’ll fight to help keep your license and make sure you can keep fulfilling your obligations and remain a productive member of society.
A DUI arrest can have long lasting consequences. Losing your license for even a brief period could permanently impact your life. Don’t let one incident define you. If you or a loved one have been arrested for DUI in Oklahoma, call Parsons, Graham, and Day LLC immediately at 918-553-5771 or email them for a free consultation.
