405-235-4040
The Hosty Law Office
204 N. Robinson Avenue
City Place, Suite 1717, 17th Floor
Oklahoma City, Ok 73102
Ph. 405.235.4040 Cell. 405.210.3462 Fax. 405.553.9925
2010 Hosty Law Office is a registered service mark of Thomas W. Hosty, P.C.
DUI stands for driving under the influence of alcohol or other intoxicating beverages, chemical substances or controlled dangerous substances. As of July 1, 2001, Oklahoma law defines DUI as one offense proved by the impairment of normal faculties by having a blood alcohol or breath alcohol level of .08 or above. Aggravated DUI in Oklahoma involves those with a level of .15 or higher.
Prison with DUI:
If you are convicted in city or state court of DUI you could face imprisonment from 10 days and in County Court to up to one year for misdemeanor offenses. Felony DUI carries a punishment of over one year. Aggravated DUI has very severe penalties including mandatory jail terms, counseling, and community service. .
Blood Alcohol Level:
The most accurate type is a forensic whole blood analysis. Refusal to submit to chemical breath or blood testing can result in an administrative driver's license revocation. In Oklahoma, currently a blood alcohol level of .10 or more is considered impaired and grounds for a driving under the influence arrest.Blood alcohol level is the amount of alcohol measured in a person's bloodstream.
Mouth Alcohol:
Breath machines assume that all breath air is from the lungs. Burping, belching, hiccuping, vomiting or holding one's breath can all bring concentrated alcohol vapors into the mouth and can raise a test result. Also, breath fresheners, mouth wash, dentures, dental caps, dental bridges can all affect the reliability of
a breath test results any alcohol in the mouth or esophagus. This can cause breath tests to be abnormally high.
Driver's License and DUI:
Any person who is alleged to have violated Oklahoma's DUI or APC laws has only 15 days from the date of arrest to ask for an administrative hearing to save their driver's license. Without asking for this hearing in writing within the deadlines, you cannot challenge the license suspension. Any person with a DUI or APC charge in Oklahoma really has two cases:
1. a driver's license case throughout the Oklahoma Department of Public Safety ("DPS"); this is the administrative case;
2. a misdemeanor or felony case in city or state court. This is the Related criminal case.
For a first offense revocation for DUI or APC, in Oklahoma, a person might lose their driver's license for up to 180 days if revoked under Oklahoma's implied consent laws.
Fines and Court costs:
In Oklahoma, misdemeanor fines cannot exceed $1,000; felony DUI or APC fines may be as high as $5,000. Court costs are calculated by the city or county court clerk and may be as high as $300.00. Attorney/Lawyer: In choosing an attorney or lawyer to defend your case, be sure to review their qualifications:
1. does the lawyer have experience defending DUI or APC cases?
2. what are the financial terms?
3. is there a written fee agreement?
4. what experts are needed and what are their costs?
5. what are the deadlines involved with my rights?
6. how much time might be required to properly defend my case?
DUI/DWI/APC
Two Sides
1.Drivers License Case
2.Criminal Case
Oklahoma State Law
JUVENILES (UNDER 21) .02 (DWI)
ADULT .08 - .15 (DUI)
AGGRAVATED DUI .15 or above
FELONY DUI 1-5 years (1st Offense), 1-10 Years (2nd Offense), 1-20 years (3rd Offense)
Oklahoma Laws and Information
KEEP YOUR LICENSE
NEW LAWS
Oklahoma Modified Drivers License Available
6 Months
1 Year
3 Years
All of these require the installation of an Breath Alcohol Ignition Interlock Device in your car.
IGNITION INTERLOCK INSTALLATION
Probation v. Trial
It’s Your Choice
“Most cases never reach trial”
by Nick Trougakos, Staff Writer
The Oklahoman
Disclaimer:
This material contained in this website is for general information and advertising purposes only. it does not constitute legal or other professional advice. While every care has been taken in the preparation nof the information on this website, readers are advised to seek particular legal advice from Mr. Hosty in relation to any course of action. The Hosty Law Office encourages you to meet with Mr. Hosty in person to obtain legal advice. All of the content on this page is copyrighted to The Hosty Law Office and Thomas W. Hosty PC. The Hosty Law Office logo is a registered trademark of Thomas W. Hosty PC, Thomas W. Hosty, and the Hosty Law Office. No claim is made to the exclusive right to use “Law Office” apart from the mark as shown.
