A Complete List of Oklahoma DUI Penalties

If you’ve been arrested for driving under the influence (DUI) or another similar charge, the first thing you’re probably wondering is: What will my punishment be? Will I go to jail?

The answer depends on whether you have previous DUI convictions, how high your blood alcohol content (BAC) is, and other facts of your case. The law provides guidelines and maximums for Oklahoma DUI penalties, but your sentence is ultimately up to the judge. Here’s what you need to know.

Driving While Intoxicated (DWI)

A DWI charge means you’re operating a motor vehicle with a BAC between 0.06 and 0.08. The officer who pulls you over will use a breathalyzer to measure your BAC. The penalties for DWI are:

• Fine: At least $100 but not more than $500
• Jail time: No more than 6 months
• License suspension: 30 days for first offense, 6 months for second offense, 1 year for third offense

What else to know: DWIs are not predicate offenses, which means that prior convictions won’t be used against you and the penalties don’t increase for multiple offenses. Also, you won’t face license suspension for a DWI until you’ve been convicted.

First-Time DUI

A standard DUI means you were operating a motor vehicle with a BAC of 0.08 or more. It’s also the charge used when you refuse a blood or breath test. The first-time, standard DUI penalties are:

• Fine: Up to $1,000
• Jail time: Up to 1 year
• License suspension: 6 months

What else to know: First-time DUIs can often be plead down to deferred sentences or suspended sentences. You’ll have to complete probation, but you’ll probably stay out of jail.

Aggravated DUI

An aggravated DUI means you were operating a motor vehicle with a BAC of 0.15 or above. The legal consequences for a first-time aggravated DUI are the same as the standard DUI penalties:

• Fine: Up to $1,000
• Jail time: Up to 1 year
• License suspension: 6 months

What else to know: If you receive a DUI, you will always be required to get a drug and alcohol assessment and follow the recommendations. With an aggravated DUI, you may also be required to get a breathalyzer in your car as part of a plea deal on your criminal case. While the penalties under the law are the same as for a standard DUI, an aggravated DUI requires the installation of an interlock device in your car as part of the license reinstatement process.

DUI-Drugs

A DUI-Drugs (DUI-D) means you’re operating a motor vehicle with any amount of an intoxicating substance in your system. If the arresting officer suspects drugs rather than alcohol, you’ll be given a blood test instead of a breathalyzer. The penalties for a DUI-D are the same as a standard DUI:

• Fine: Up to $1,000
• Jail time: Up to 1 year
• License suspension: 6 months

What else to know: DUI-Drugs includes the substances you might expect, like heroin, fentanyl, cocaine, and ecstasy. But it’s important to know that it also includes medical marijuana and prescription drugs like Xanax, Valium, Ambien, medical marijuana, and Tylenol with codeine.

Multiple DUIs

DUIs are predicate offenses, which means the severity increases if you get multiple DUIs within the 10-year window. This includes aggravated DUIs and DUI-Drugs, but not DWIs. Here’s what you’re looking at for a second or third DUI:

• Fine: Up to $2,500 for the second offense; $5,000 for the third
• Jail time: Up to 5 years for the second offense, 10 years for the third
• License suspension: 1 year for the second offense, 2 years for the third

What else to know: A second DUI or more within 10 years of the last charge is a felony charge instead of a misdemeanor. A felony conviction on your record is likely to have a bigger effect on your life than a misdemeanor. In addition, judges are less and less likely to be forgiving the more DUIs you get.

Actual Physical Control

You can be charged with actual physical control (APC) if you’re intoxicated, you’re inside your vehicle, and you have the means to operate it. For example if you’re “sleeping it off” before you drive home and you have the keys in your pocket, that’s APC. The penalties for APC are the same as standard DUI penalties:

• Fine: Up to $1,000
• Jail time: Up to 1 year
• License suspension: 6 months

What else to know: APC will trigger the 10-year window for a predicate offense, and this charge can be used against you if you’re arrested again for any type of DUI. It’s a predicate offense just like a DUI, meaning that the penalties increase for multiple convictions.

Child Endangerment During a DUI

If you’re charged with driving under the influence and you had a child under 18 in the car, you could face additional, separate charges for child endangerment, which is a felony. These charges result in the following Oklahoma DUI penalties:

• Fine: Up to $2,000 for the DUI, up to $5,000 for child endangerment
• Jail time: Up to 4 years
• License suspension: Same as a standard DUI

What else to know: Child endangerment is a much more serious charge than a simple DUI. You’ll be investigated by the Department of Human Services and could face additional action. Additionally, a first time DUI is a misdemeanor, however, child endangerment is a felony even if it is your first charge.

DUI With Great Bodily Injury

If you cause an accident while driving under the influence that results in someone else becoming seriously injured or disfigured, the charge will be DUI With Great Bodily Injury. It’s a felony that carries the following DUI penalties:

• Fine: Up to $5,000
• Jail time: 4 to 20 years

What else to know: It’s likely you’ll spend at least some time in jail for a DUI With Great Bodily Injury. You could also face action in civil court if the person you injured files a lawsuit.

DUI Causing Death

It’s no surprise that Oklahoma DUI penalties are the most serious if you cause someone’s death. There are two types of DUIs in this category: manslaughter and murder.

If you were driving under the influence for the first time (a misdemeanor) and a death occurs as a result, that’s DUI Manslaughter. You’ll face a minimum of 4 years in jail, up to life, depending on the severity of your case.

If you have a previous DUI conviction and cause someone’s death while driving under the influence, your charge will be upgraded to DUI Murder. That’s because you were committing a felony (multiple DUIs) when the death occurred. You can be sentenced to 10 years up to life in jail, and a fine of up to $10,000.

Minimize Your Oklahoma DUI Penalties

Depending on the charge, you could face severe DUI penalties in Oklahoma. Even a first-time DUI can affect your life and your finances. Whether you’ve been charged with a standard DUI or something more serious, an experienced attorney can help you make your case, get your charges or sentence reduced, and minimize the impact on your life. Contact the Oklahoma DUI Guy today for a free case evaluation to see how we can help you.