What is a DUI/DWI?
Driving under the influence, related to driving while intoxicated, 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. Any BAC of greater than 0 percent is over the limit for those under the age of 21.
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 is not always necessary to be actively driving the vehicle to receive this charge.
DUIs have a look back period (when a DUI is still relevant for sentencing) of 10 years. However, prosecutor records in the computer age of ten go back more than 30 years. 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.
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.