What Are the Consequences for a First-Time DUI Offense in OK?
If a driver is stopped for driving under the influence and it is a first-time offense the charges will likely be filed as a misdemeanor. To be a first-time offense, the driver must have no prior DUI convictions on their record within the past 10 years. So, what happens when you get charged with a first-time DUI offense and what should you do? Today, we review the consequences of a first-time DUI and how our experienced lawyers can protect your rights.
Oklahoma DUI Laws
First-time DUI offenders can face penalties such as jail time, fines, probation, substance treatment classes, and license suspension. The penalty you receive depends on your situation and additional factors, such as the individual’s blood alcohol concentration (BAC) at the time they were pulled over.
In Oklahoma, there are three ways you could be charged with DUI. They are:
- Operating a vehicle with a BAC of .08% or higher
- Operating a vehicle with any amount of a schedule I controlled substance in your system
- Operating a vehicle under the influence of alcohol or drugs (to the point when you are incapable of driving safely)
The prosecutor in a case only needs to prove that you are guilty of one of these to obtain a DUI conviction.
Oklahoma DUI Penalties for a First-Time Offense
You can receive anywhere between 10 days to 1 year of imprisonment for a first-time DUI offense in Oklahoma. This could be served in jail or at a substance abuse treatment center.
It is also possible for a judge to defer the jail sentence if the defendant adheres to certain rules and restrictions, such as not consuming alcohol or drugs, or agreeing to be tested for these substances. Our attorneys have experience arguing for deferred sentences for many first-time offenders.
You could receive a fine of up to $1,000 along with additional court and attorney fees. It is important to note that you will pay more in fines if a minor accompanies you in the vehicle at the time of the offense. At Nichols | Dixon PLLC we always work to keep your court costs and fines manageable.
Driver’s license suspensions
Typically, you will be disqualified from driving for at least 180 days after a first-time DUI offense. Oklahoma instituted the Impaired Driver Accountability Program (IDAP) in 2019 to give first-time offenders the opportunity to keep their license and maintain their ability to drive. You will likely need to put an ignition interlock device in your car for the length of the program. The application process for IDAP can be complicated, but our attorneys have the experience needed to guide you through the process. If you do not quality for IDAP, you may be able to request a modified license to drive to and from work.
Aggravated DUI Penalties
You will face additional penalties for an aggravated DUI, which happens if your BAC was found to be .15% or higher. These penalties could include fines, the required use of an ignition interlock device, and at least one year of suspension.
If you need legal representation for your DUI case, we recommend you contact our office as soon as possible to schedule a consultation and protect your right to drive.