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Whether you failed to use your headlights while driving at night, swerved into oncoming traffic, changed lanes erratically, or did something else to catch law enforcement's attention -- you'd better be prepared to submit to a breathalyzer test and a field sobriety test in Oklahoma. If you've had too much to drink, get ready to be penalized under Oklahoma drunk driving laws.
If you're driving on Oklahoma roads, you've given your implied consent to a breathalyzer test and field sobriety test. If you refuse, your driver's license will immediately be suspended and you can be arrested. Your license also could be suspended for up to three years, depending on the charges and your record. Keep in mind that while Oklahoma's blood-alcohol concentration (BAC) limits are the same as in most other states , you can be charged with a DWI if your BAC is over 0.05 percent (Sec. 47-756(A)(2)).
Blood-Alcohol Concentration (BAC) Limits for a DUI:
Penalties for Drinking and Driving if you're 21 or older:
Penalties for Drinking and Driving if you're 18-20:
Additional Penalties for Drinking and Driving if you're under 18:
Check out Oklahoma’s official statutes to learn more.
Oklahoma does have a 10-year "washout" period for the purposes of determining your sentence. This means that if you were convicted of a DUI 12 years ago, the penalty for your current DUI charge will likely be the same as it is for a first DUI offense.
No matter how many DUIs you have on your record, most attorneys will defend your charge by investigating the evidence of your intoxication. Sometimes this means challenging the stop itself. Unless you were stopped during a checkpoint, an officer must have a reasonable suspicion that you were driving under the influence, or must have witnessed you breaking a traffic law. Other times an attorney can challenge the breathalyzer testing procedure or the machine itself. Even if none of these scenarios applies to you, an attorney has other approaches to try.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.