Oklahoma City DUI/DWI Facts & Information
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Driving under the influence, related to driving while intoxicated (DWI), is the act of operating a vehicle while being over the legal limit for alcohol consumption. A blood alcohol content (BAC) of equal to or greater than .08 percent is considered above the limit for drivers over the age of 21 and .04 percent for commercial drivers. A BAC that’s lower than .08 percent is considered driving while intoxicated, as opposed to a DUI which requires a higher BAC. Any BAC greater than 0 percent is considered above the legal limit for drivers below the age of 21, simply meaning they cannot drink anything and drive. In fact, they cannot drink at all.
DUIs are not limited only to cars and can be applied to boats, ATVs, motorcycles, and other heavy machinery. Driving while under the influence of certain drugs or drugs in conjunction with alcohol can also be considered a DUI. It’s important to note that you don’t have to necessarily drive the vehicle actively to receive a DUI charge, because simply being in “actual physical control” of your vehicle is enough to get arrested. Having your keys on the dashboard, in the ignition, or even inside your purse placed on the back seat is considered having control because your keys are within the vehicle. Thus, if you are taking a quick nap in your car following a long shift at work, you could be subject to a DUI charge.
Penalties for Refusing to Take a Chemical Test
Due to Oklahoma’s implied consent law, refusing to submit to a chemical test will subject the accused to a fine and an automatically suspended license. The implied consent law in Oklahoma defines the act of driving a motor vehicle as also agreeing to submit to a chemical test via blood, urine, or breath if an officer of the law suspects the driver of being under the influence. Failure to submit to a chemical test will result in a penalty.
Oklahoma’s implied consent laws go into effect under the following conditions:
- The person must be operating or in Actual Physical Control of a motor vehicle
- aid operation must occur within the state
- Driving must also take place upon public roads, highways, streets, turnpikes or other public place or upon any private road, street, alley or lane, which provides access to one or more single or multi-family dwellings within the state
Penalties for refusing to comply with Oklahoma’s implied consent laws are as follows:
- If you are 21 years old or older refused to take a breath or blood test, or if you took a breath or blood test and the results showed 0.08% BAC or more, your driving privileges will be revoked
- If you are under 21 years old and refused to take a breath or blood test,
or if you took a breath or blood test and the results indicate any amount of alcohol, your driving privileges will be revoked
- A first offense will result in a 6-month revocation
- A second offense within 10 years will result in a 1-year revocation
- A third or subsequent offense within 10 years will result in a 3-year revocation
DUIs have a look back period (when a DUI is still relevant for sentencing) of 10 years. However, prosecutor records can go back to more than 30 years. Also note that DUIs become federal crimes when the offense occurs on federal property. DUI penalties vary by a number of factors, from whether it is a first offense to if there was a minor in the vehicle at the time the crime occurred.
Possible DUI Defenses
Depending on the circumstances of your crime, our attorney can explore the following defenses that lay the foundation for what your actual defense strategy will include. The ones listed below are common DUI defenses that we may build upon:
- Defective blood/breath test equipment
- Faulty test administration
- Lack of probable cause
- Defendant not in actual physical control of the vehicle
- Police misconduct
- Insufficient evidence
Contact Coyle Law Firm for Experienced Representation
The feeling of anxiety and enduring nerve-wrecking encounters with law enforcement is enough to make any person feel defeated and hopeless. With our seasoned representation on your side, however, you can feel confident and prepared going in to court. Our DUI defense lawyers at Coyle Law Firm will stand in your corner from start to finish, providing the effective legal counsel and relentless defense you need to best overcome your DUI charge.
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