Oklahoma DUI Law

Oklahoma DUI law is fairly unique, in that when an individual is arrested for a DUI, they will face penalties from not only a criminal court hearing, but from a Department of Public Safety (DPS) case hearing as well. Unfortunately, the penalties from the first hearing may result in fines, imprisonment, a mandatory alcohol education course, the possibility of an ignition interlock device being installed in the offender’s vehicle, and so on. Furthermore, the penalties from the DPS case may result in the temporary suspension of the offender’s driving privileges for 6 months to 3 years.

Under Oklahoma DUI law, an individual may be prosecuted for a DUI under one or both of two legal theories. The first legal theory specifies that if an individual is intoxicated due to the consumption of either alcohol or narcotics, they are physically and mentally impaired, and therefore, not able to properly and safely operate a vehicle.

The second legal theory deals with body chemistry, and not impairment. According to this legal theory, a person can be technically intoxicated while still not actually showing any signs of impairment. This is where the state of Oklahoma’s “per se” law comes into effect. This law states that an individual with a blood alcohol content (BAC) of .08 percent or higher is intoxicated, regardless of outward signs of impairment, and not fit to operate a vehicle.

Actual Physical Control Law

A very important aspect of Oklahoma’s DUI law is the concept of APC, or actually physical control. APC states that a suspect can be charged with a DUI even if the vehicle they were occupying at the time of arrest was not running. Even though said offender was not driving at the time of arrest, in keeping with the concept of APC, they had the ability to drive, and thus, could have driven drunk.

If arrested for a DUI in the state of Oklahoma, it is important to consult with a DUI defense lawyer to better protect your rights. It is highly recommended that if you are arrested for a DUI in the state of Oklahoma, that you contact a DUI defense lawyer immediately.