First Offense DUI in Oklahoma

The official term for controlling a vehicle in Oklahoma while under the influence is Actual Physical Control (APC). According to Title 47, Section 11-902 of the Oklahoma Statutes, a person does not need to drive a vehicle to violate the state's APC law; an individual can be guilty of an APC violation by sitting in the driver's seat with the vehicle keys within reachable distance.

Oklahoma APC violations are criminal offenses with legal, financial, and personal ramifications; even a first APC violation can result in 10 days to 1 year in jail time or fines up to $1,000.00. The strict penalties for APC offenses in Oklahoma show the government's hard stance on impaired driving and its commitment to public safety.

What Qualifies as a First DUI in Oklahoma?

A person is guilty of an APC offense if they are in a position to operate a vehicle while:

• Having a Blood or breath alcohol concentration of 0.08% or higher
• Having any amount of controlled substance in their system
• Under the Influence of alcohol or any intoxicants that may impair driving.

In Oklahoma, the legal BAC (Blood Alcohol Concentration) limits for drivers depend on their age and the license type. Drivers aged 21 years and older must have BACs below 0.08% in 100 milliliters of blood or 210 liters of breath. However, even having a BAC between 0.05% and 0.08% indicates impairment below the APC level and can lead to DWI charges (Driving While Intoxicated) if impairment is evident.

Oklahoma enforces stricter BAC limits for commercial drivers. For those 21 years or above, a BAC of 0.04% or higher is a violation, while there is zero tolerance (0.00%) for any driver below 21 years, whether they hold a private or commercial license.

In Oklahoma, law officers determine impairment using a combination of observations, field sobriety tests, and chemical testing, including:

• Observations at the traffic stop to determine erratic driving, slurred speech, bloodshot or watery eyes, odour of drugs or alcohol, and difficulty in following instructions or providing documents
• Field Sobriety Tests, such as:
  • Tracking eye movement while following an object (Horizontal Gaze Nystagmus)
  • Assessment of motor skills and balance (one-leg stand)
  • Ability to follow directions (walk-and-turn)
• Blood, breath, and urine tests.

Possible Penalties for a First Offense DUI in Oklahoma

A first-time APC violation in Oklahoma is a criminal misdemeanor punishable by fines, jail time, license suspension, installation of Ignition Interlock Devices, and attendance of alcohol and substance abuse programs. In Oklahoma, the statutory penalties for a first APC offense include:

• Fines that can rise to $1,000.00
• A 10-day to 1-year jail term
• Mandatory participation in a state-certified alcohol and drug substance abuse evaluation and assessment program
• A $100.00 payment to the Drug Abuse Education and Treatment Revolving Fund.

Do You Lose Your License for a First DUI in Oklahoma?

A first APC violation in Oklahoma results in an automatic 180-day license revocation by the Oklahoma Department of Public Safety (DPS). The suspense period may extend if the violator refuses a chemical test or has a BAC of 0.15% or higher. An offender has a 30-day grace period from the date of the arrest to contest the license revocation or enroll in the Impaired Driver Accountability Program (IDAP) to obtain an Ignition Interlock Device (IID) to continue driving.

In Oklahoma, first-time APC violators can apply for a modified license (hardship license) to commute to work, school, medical appointments, and court-ordered obligations if they:

• Enroll in the Impaired Driver Accountability Program (IDAP)
• Install IIDs on their vehicles
• Show proof that their inability to drive is causing undue hardship.

What Is the Implied Consent Law in Oklahoma, and How Does It Affect First DUI Cases?

Oklahoma's Implied Consent Law stipulates that by operating a vehicle within the state, drivers automatically consent to chemical testing during lawful stops on suspicion of APC violations. Such chemical tests include breath, blood, and urine tests.

Under Oklahoma's Implied Consent Law, refusing to submit to a chemical test triggers an automatic 180-day license suspension from the Oklahoma Department of Public Safety, and it may serve as evidence in criminal trials. In addition, offenders become ineligible for the Impaired Driver Accountability Program, which may qualify them for modified licenses unless they opt in within 30 days.

Nonetheless, drivers who refuse chemical tests upon suspicion of APC violations can contest the associated penalties through administrative hearings with the Oklahoma Department of Public Safety.

Is an Ignition Interlock Device Required for a First DUI Offense in Oklahoma?

Depending on the circumstances, a first-time APC violation in Oklahoma may lead to installing an Ignition Interlock Device on the offender's vehicle. An IID installation becomes mandatory for a first APC violation if:

• The offender has a BAC level of 0.15% or higher
• The suspect refuses to submit to a chemical test
• The offender participates in the Impaired Driver Accountability Program (IDAP) to maintain limited driving privileges within the license suspension period.

For a first APC violation, the duration for IID is 6 months. However, this may extend to 18 months if the BAC level is 0.15% or higher. In Oklahoma, all costs relating to the installation, calibration, maintenance, monthly lease, monitoring, and removal of the IID fall on the offender.

Can a First DUI Be Dismissed or Reduced in Oklahoma?

Reducing or dismissing the penalties for APC violations in Oklahoma depends on several factors. The common ground for dismissal of charges for APC incidents includes:

• Lack of probable cause for the traffic stop; this may invalidate any evidence thereafter
• Improper administration of Field Sobriety Tests
• Faulty equipment when conducting the breathalyzer test
• Violation of the suspect's constitutional rights.

Completion of Pretrial Diversion Programs, such as an Alcohol Education or Treatment Program, community service, or probation, may result in dismissal or expungement of APC violations in Oklahoma.

For a reduction of the penalties for APC violations in Oklahoma, an offender may have to agree to a plea bargain for lesser charges.

Long-Term Consequences of a First DUI

Similar to other states, an APC violation in Oklahoma is a criminal offense that may have long-term repercussions. An Oklahoma APC violation stays permanently on records and is accessible to all interested individuals through background checks, including law enforcement, employers, licensing agencies, and private citizens.

Public access to APC conviction records can deny offenders job opportunities (especially those roles that require clean driving records). Additionally, insurers may designate offenders as high-risk policyholders, increasing car insurance premiums or leading to outright cancellation of policies.

Do You Need a DUI Attorney in Oklahoma?

Although it is not legally mandatory, offenders should engage the services of attorneys for APC violation trials in Oklahoma. Having a first APC violation trial in Oklahoma without an attorney is risky because of its significant fines and potential jail time. An experienced Oklahoma-licensed attorney will protect a client's constitutional rights, challenge the prosecution's evidence or probable cause for the arrest, or negotiate a plea bargain for lesser charges and penalty reductions.