A first DUI conviction is a misdemeanor in Oklahoma. Generally, a DUI is considered a first offense in Oklahoma if the driver has no prior DUI convictions that occurred with the past ten years. First offenders are generally looking at several days in jail, a fine, probation, substance treatment, and license suspension. However, many factors come into play with DUI sentencing.
This article discusses the specific penalties you'll face if convicted of a first DUI in Oklahoma.
The penalties for a first DUI conviction can vary depending on the circumstances. But list below are the typical penalties ranges a driver will face for a first DUI conviction.
A first-offense DUI normally results in ten days to one year of imprisonment. The Department of Corrections determines if this imprisonment is to be served in jail, in a substance abuse center, or the Department of Corrections substance abuse treatment program.
Judges also have the discretion to order that the jail sentence be deferred—set aside—if the convicted person abides by certain restrictions. These restrictions might include not consuming alcohol or drugs, drug and alcohol testing, and abiding by all other laws and ordinances. Violating the restrictions can result in the imposition of the sentence and jail time that was deferred.
A person who's convicted of a first DUI faces fines of up to $1,000. The judge can also order the offender to pay court costs and various fees.
An adult who's convicted of a first-offense DUI in Oklahoma must pay a doubled fine if there was a minor in the vehicle at the time of the offense. (Having a minor in a vehicle while driving under the influence could also lead to other criminal charges.)
Before sentencing, the convicted must obtain a drug and alcohol evaluation from a certified assessor. The judge will review the assessor's report and must include the assessor's recommendations in the sentencing order. Recommendations often include inpatient treatment, educational classes, and other intervention measures. Failure to abide by the assessor's treatment recommendations can result in extended jail time and license suspension.
If the driver's blood alcohol concentration (BAC) was .15% or more, the first-offense penalties will also include at least one year of supervision and periodic testing (plus expenses) and required use of an ignition interlock device (IID) for at least 90 days.
The court reports all DUI convictions to the Oklahoma Department of Public Safety. For most first-offense DUIs, the Department will disqualify a person from driving for 180 days.
During this revocation period, the licensee can request a modified license by entering into the "Impaired Driver Accountability Program." A modified license gives the motorist limited driving privileges but requires the use of an ignition interlock device.
The licensee will not be eligible for license reinstatement until all court-ordered treatment requirements have been fulfilled.
If you've been arrested for driving under the influence in Oklahoma, it's a good idea to talk to a DUI lawyer. DUI law is complicated and the facts of each case are different. A qualified DUI attorney can tell you how the law applies to your case and help you decide on the best course of action.