Every person convicted of an offence of driving under the influence of alcohol with a concentration of alcohol in the blood or breath of fifteen hundredths (0.15) or more is guilty of heavy driving under the influence of alcohol. These laws are critical to protecting public safety, as alcohol-related accidents injure nearly 2,500 people each year and kill about 220 Oklahomans. While it is unlikely at this time that Oklahoma will lower its DUI-BAC threshold below 0.08, the idea is persistent enough that the NTSB and possibly other governmental and nongovernmental organizations will continue to push for the United States to join more than 100 other countries in setting 0.05 as a new legal limit. While laws vary from state to state for impaired driving, Oklahoma has several laws that define alcohol/drug-related traffic offenses. Read below. Oklahoma`s liquor laws prohibit licensed drinking establishments from knowingly selling alcohol to people under the age of 21 and drunk people. A violation of this law may be the basis for civil liability to recover damages against bar owners for damages caused by an illegal sale. Anyone convicted of impaired driving with a blood alcohol concentration of 0.15 or higher is guilty of aggravated impaired driving. A person convicted of aggravated driving is subject to the same penalties as other drunk driving offences and must also attend a substance abuse assessment and counselling and comply with all treatment recommendations. In addition, the offender is sentenced to at least one year of supervision and regular alcohol testing, as well as the use of a contact lock.
Finally, these holidays and the weekend around them have one of the highest arrest rates for drunk driving, with celebrants often drinking too much to drive before heading home after holiday parties, office parties and family gatherings. In addition, officers are on alert for suspicious driving, which could give them an indication that a driver is under the influence of drugs or alcohol. It has everything to do with your blood alcohol level. If your blood alcohol level is 0.08 or higher and you operate a motor vehicle, you are considered a DUI. If you have alcohol in your system but your blood alcohol level is below 0.08, this is considered DWI in Oklahoma. Impaired driving (DUI) or driving on disability (DWI) in the state of Oklahoma has serious consequences. According to Oklahoma`s drunk driving laws, you are legally considered “drunk” if your blood alcohol level is 0.08%. Depending on the circumstances, you will face: In Oklahoma, it is illegal to drive or operate a motor vehicle with a blood alcohol level of 0.08 or higher (DUI), or if the influence of alcohol makes the driver unable to drive safely. “A few beers” is one of the most common responses from people who are arrested on suspicion of drunk driving; The reasoning could be that the officer will not believe that a single drink could have been the cause of the driving behaviour that led to the stop, but admitting to drinking more than a few low-alcohol drinks could amount to an admission of guilt. According to the National Transportation Safety Board (NTSB), even saying “two beers” could get you in trouble one day. It`s not that the proposed change is unpopular with drivers.
According to one survey, nearly two-thirds of respondents about a 0.05 limit were in favour. But the change faces objections from establishments that serve alcohol, who see it as a brake on activity in exchange for little real change in driver behavior, and even organizations that could support them at full throat, such as Mothers Against Drunk Driving (MADD), seem lukewarm to the idea. preferring instead to use existing ignition interlocks to thwart potential repeat offenders or promote emerging technologies. In particular, a new passive alcohol detection system that automatically checks the driver for alcohol based on the detection of breath and skin surface. For many years, Oklahoma and other states have adhered to 0.08 blood alcohol levels (BACs) as the threshold for a display based on a driving test under the influence of alcohol. Other countries – some with notorious reputations for drinking, such as Russia and Ireland – have lower drunk driving limits, such as a blood alcohol level of 0.05. And the NTSB believes they are on the path to something worth emulating. In addition, Oklahoma laws require that any driver convicted of impaired driving (DUI) or effective physical control of a motor vehicle, aggravated drink-driving, with a blood alcohol concentration of 0.15 or higher must install an ignition lock on every vehicle they own or are registered in their name. So, according to the NTSB`s logic, it makes sense to take drivers off the road in some way — voluntarily, by arranging for someone else to drive, or by being stopped — before the blood alcohol level of 0.08 is reached. This is just one of the recommendations the NTSB makes to lawmakers in its publication and website, “End Substance Impairment in Transportation.” And this year isn`t the first year the NTSB has advocated a limit of 0.05 (or less). The fact that a person has or has the legal right to consume alcohol, a designated hazardous substance or another intoxicating substance is not a defence to a charge of driving under the influence of alcohol. Every person who knowingly sells, provides or gives alcoholic beverages to a person suffering from mental illness, mental disability or intoxication is guilty of a crime and is liable to a fine of not less than $500 nor more than $1,000 or to a fine of not more than one year or to such a fine and imprisonment.
Impaired driving (DWI)A person is impaired if there is evidence that there was an alcohol concentration of more than five hundredths (0.05) but less than eight hundredths (0.08) at the time of the test. However, no person shall be convicted of impaired driving unless there is additional evidence that the ability to operate such a vehicle was impaired by alcohol to the extent that public health and safety was threatened or that the person violated a state law or local ordinance by operating the motor vehicle. When it comes to drivers under the age of 21, Oklahoma has a strict “zero tolerance” policy for alcohol. Any amount of alcohol found in the system of a driver under the age of 21 will result in the withdrawal of the driver`s license. Refusal to take the blood alcohol test will result in the automatic revocation of the licence for the same period as if alcohol were detected. In the meantime, anyone who violates the existing 0.08 limit should seek help from experienced drink-driving advocates like Hunsucker Legal Group as soon as possible if the “two beers” line isn`t convincing. And if you`re under 18, be careful: Oklahoma DUI laws and DWI laws state that arresting for a crime involving alcohol (even if you haven`t driven a vehicle) will cause you to lose your driver`s license from 6 months to 2 years, depending on the circumstances. According to studies cited by the NTSB, the problem with a blood alcohol limit of 0.08 is that long before a person reaches that level, they already have a significantly increased risk of being involved in an injury or fatal accident.
About one-third of car accidents involve a driver who has some degree of impairment from alcohol; For example, between the blood alcohol level of 0.05 and 0.08, a driver is up to three times more likely to be involved in an accident than a person who has not consumed alcohol at all. Reaching the 0.08 threshold doubles the chances of participating in a fatal collision, according to studies. However, in our experience, the majority of .08 and .09 arrests are for irremovable offenses such as lack of daylight and not for impaired driving signs such as weaving or driving without light. If you drive on Oklahoma roads, you have given your tacit consent to a breathalyzer test and field sobriety test. If you refuse, your driver`s licence will be immediately suspended and you may be arrested. Your licence may also be suspended for up to three years, depending on the fees and your file. Keep in mind that although the blood alcohol concentration (BAC) limits in Oklahoma are the same as in most other states, you may be exposed to a DWI if your blood alcohol level is greater than 0.05% (Section 47-756(A)(2)). Penalties for drunk driving convictions become harsher as you collect DUI, ranging from fines to a suspended license in Oklahoma. You may be wondering why the lawyers representing Ward did not go to Federal Court right after Fontenot`s conviction.
The answer concerns dual sovereignty. In Oklahoma, an arrest for impaired driving can cost more than $10,000 in fines and costs. Hunsucker Legal Group is Oklahoma`s leading DUI defense firm and can be reached at 405-231-5600 or complete a free online case evaluation. The fines that come with a drunk driving conviction are already costly, but add to that the other costs associated with impaired driving, and the phrase “pay for your mistake” takes on a whole new meaning. Unlike regular speeding tickets in Oklahoma, you`ll likely have to pay the following in addition to your fines: A “social host” can be a minor or an adult and does not need to be physically present or the actual owner of the property. These social host violations result in an initial fine of up to $500. Here are 5 things you need to know about DUI laws in Oklahoma: If someone is injured or killed due to a social host violation, the host can be charged with a felony punishable by up to five years in prison and a fine of up to $2,500.