Oklahoma’s Legal Limit
In Oklahoma, the legal blood alcohol limit for most drivers is set at 0.08%. This means that if your blood alcohol content (BAC) is measured at 0.08% or higher, you are considered legally impaired to operate a motor vehicle. This limit applies to drivers who are 21 years of age and older who are not commercial drivers.
Commercial drivers, however, have a lower legal blood alcohol limit – only 0.04%. This means that commercial drivers are considered legally impaired if their BAC is 0.04% or higher.
It’s important to note that under Oklahoma law, a minor is anyone under the age of 21. For those drivers , the legal BAC limit is 0.00%. Any minor found to be driving under the influence of alcohol is driving under the legal limit and is subject to a fine, license suspension, and other consequences.
In some cases, an Oklahoma DUI can result in a zero tolerance DUI (also known as a zero-tolerance DUI) in Oklahoma. This typically occurs when there is a minor under the age of 18 in the vehicle at the time of the arrest. In those cases, there is a zero tolerance policy for minors, and anyone who has been drinking and is driving with a minor passenger can lose their driver’s license for one year, along with other penalties.
What Happens When You Are Over the Legal Limit?
The repercussions for driving with a blood alcohol content (BAC) over the legal limit in Oklahoma can be severe. Penalties depend on whether this is your first offense, if you have had a prior conviction for driving while intoxicated within the last 10 years, and how high or low your BAC was at the time of the offense. The term DWI also refers to driving while ability impaired (DWAI), or driving with a BAC level between .05 and .079. Typically, these penalties include fines, suspensions or revocations of your ability to operate a motor vehicle and possible prison sentences.
If you are over the legal alcohol limit and arrested for your first offense, it falls into the category of "aggravated DUI." Penalties includes a fine of up to $500, revocation for six months of your driver’s license, completion of an alcohol treatment program, 480 hours of community service and/or a one-year prison sentence. Your license could also be suspended for one year if you did not take the breath test. For your first offense, you may also be eligible for a limited driver’s permit. This permit allows you to drive where necessary for work or school for up to a year, depending on the circumstances and decisions made by the court. You can only opt for a limited permit if you can get work hours completed by the time of trial, if it is the first offense, if you have been convicted of a DUI previously and were given a 180-day suspension or longer, and if you show some sense of responsibility for the offense.
If your BAC level is between .08 and .14, it is considered a regular DUI, and you can be fined up to $1,000 with a minimum of 10 days and up to a year in prison. If your BAC is more than .15, you can be fined up to $1,250 and if convicted you will spend at least 30 days in jail, but you are eligible for a limited permit after serving a month of your sentence.
Also, if you refuse to take the breath test, your license will be suspended for 180 days. If this is your second offense within the past 10 years (aggravated DUI), your penalties increase to include a fine of up to $1,000 and you will be required to serve a minimum of 20 days and up to a year in jail. You will face at least a year’s suspension of your driver’s license.
In Oklahoma, you will have your driver’s license suspended if your BAC is over .08, even if you have been acquitted of DUI, unless for some reason you are not convicted of DUI.
How Law Enforcement Tests Alcohol Levels in Oklahoma
In Oklahoma, the two most common tests used to test blood alcohol concentration are breath and blood testing. One of the most common is the breath test. A police officer may ask you to blow into a breath testing device such as a portable breath tester (PBT). This is common during a traffic stop. An officer can also ask you to take a breathalyzer test at the jail. Oklahoma police officers use an Intoxilizer 5000 in Oklahoma. These devices emit a breath sample to be tested for the presence of alcohol. The results of this breath test are typically very accurate even if the results are slightly high depending on the unit being used.
Oklahoma recognizes that breath tests in Oklahoma are not 100% accurate. These breath tests are better designed to give a general indication of blood alcohol content. Various factors, such as climate conditions and whether the device was properly maintained, can impact the results of the alcohol tests. An example is a blood alcohol test of a drunk driver in Oklahoma who just recently finished smoking marijuana. The Intoxilizer 5000 is designed the best way possible to test for the presence of alcohol. However, the chemical characteristics of marijuana smoke can hinder the reading from the device. Litigation testing results are limited in what they can determine regarding the accuracy of any given test. However, recent trends have revealed that any change in chemical composition of the alveoli breath correlated to alcohol consumption would be extremely small.
Police officers may also request that a blood sample be taken. This commonly occurs when there is an accident involved. Blood tests are considered to be the most accurate. A blood test may provide a result that is more accurate than a breath test; however, it comes with a small risk of bruising and other discomfort. A blood sample is less likely to be contaminated than a breath sample which can sometimes occur. There are a number of factors such as age that may contribute to whether the sample provides a result that is higher or lower than it truly is.
The Changes to the Oklahoma DUI Laws
In recent years, there have been updates and changes to Oklahoma law regarding blood alcohol levels and the consequences associated with driving over the legal limit. The legislature has introduced changes aimed at discouraging drunk driving and encouraging individuals to take responsibility for their actions.
One notable change occurred in 2015 when the Oklahoma legislature passed House Bill 1692. This bill changed the penalties for first-time DUI offenders. Prior to 2015, a first offense DUI conviction would result in a minimum of 30 days of jail time, and stiff fines and court costs. Now, with the passage of HB 1692, the penalties for a first-time offender vary based on the level of intoxication.
The new penalties are as follows for first-time DUI offenders: Offenders may face up to six months of jail time and hefty fines (up to $1,000). Additionally, offenders will have to pay for an alcohol assessment, complete an alcohol treatment program, and attend an alcohol education class. Finally, the Oklahoma court system may require the offender to install an ignition interlock device.
Furthermore, the law pertaining to the use of ignition interlock systems has also expanded. Previously , once an offender successfully kept his or her alcohol level down while using a breathalyzer, the offender was no longer required to abide by the use of the ignition interlock. Now, the law has changed in Oklahoma to require drivers whose licenses were revoked and who are not required to complete the ignition interlock period to serve up to 30 days in jail while wearing an alcohol-monitoring ankle bracelet. Accordingly, whether the offender was a first-time offender or repeat, all offenders will have to use the alcohol-monitoring ankle bracelet for up to 30 consecutive days.
DUI offenders also face dramatic increases in insurance premiums. Individuals involved in a first-offense DUI can expect to hike premium rates by an average of 91 percent. Repeat offenders will face even larger premium increases.
As such, the law has moved the fines and penalties for violating Oklahoma DUI laws in the offender’s favor. While previous penalties were set with the maximum in mind, new penalties are more flexible, allowing the court to determine what is appropriate based on the severity of the violation. Unfortunately, the change in the fine system makes the penalties for DUI more ambiguous than they used to be.
Keeping Yourself Under the Legal Limit
Understanding what constitutes a drink and the number of drinks that an individual can use and stay within the legal limit can be complex. Typically, one standard drink usually contains the following amount of pure alcohol.
A 12 ounce beer (typically thought of as a "regular" sized beer)
A 12 ounce wine cooler
A 5 ounce glass of wine
The chart below will help you understand what you should consider when estimating when you’re drinking and/or eating while you’re drinking as to the number of drinks you’ve had.
One standard (regular) American Beer or Wine Cooler = 12 ounces
One regular size drink (jigger, shot, shot glass or pony shot) = 1 ounce
Strong Beer/Cider = 8 ounces
Malt Liquor = 6 ounces
Wine Cooler = 5 ounces
Wine = 4 ounces
Distilled Spirits = 1-2.5 ounces
Sake = 3 ounces
Cocktail = 1.75 ounces
Bordeaux glass of wine = 12 ounces
Regular 12 ounces mug or glass of beer = 12 ounces
Fattire, pilsner or large American beer glass = 32 ounces
Large mug or English imperial pint or dimple beer mug = 18 ounces
Large 20 ounces mug or grog or tankard beer glass = 20 ounces
7-9 ounces of fluid in a tall, wide beer glass on the table
13-16 ounces of fluid in a tall, wide stein beer glass
Classic white wine glass = 7-8 ounces
Larger white wine glass = 10-14 ounces
Classic red wine glass = 16-20 ounces
Larger red wine glass = 16-22 ounces
Some Tips for Staying Within the Legal Limit:
Have your driver stop after one drink so that you can observe how alcohol affects you and to see how quickly it’s processed through your system.
Eat before drinking and while drinking.
Drink water and non-carbonated mixers (Tonic, Water, club soda, fruit juices) in place of spirits and sodas.
Do not mix your drinks. Stick to one type of alcoholic beverage.
Pace yourself by limiting yourself to one drink per hour. Eating can help slow down the absorption rate.
Do not allow yourself to be peer pressured into drinking more than you want. It’s perfectly acceptable to apologize and leave early. You can always bring your own ride home.
Getting Help After a DUI Arrest
After an arrest for driving under the influence of alcohol or narcotics in Oklahoma, you may be unsure of the optimal procedures to take to ensure the best possible outcome of your case. Even if you believe there is little chance to contest or overcome your DUI charge, it is vital to immediately seek legal assistance from an experienced and qualified Oklahoma DUI attorney. Experienced Oklahoma DUI attorneys are well-versed in existing DUI laws, arrests, and field sobriety tests. Most importantly, these lawyers also know the many paths that lead to reduced sentences or complete acquittal. Once your lawyer learns the details of your case, they can provide you with advice on how to proceed. For example, a DUI attorney can immediately begin working to preserve the results of your blood alcohol content test. If retained prior to the 30 day suspension period , your attorney can immediately file an appeal against the underlying DUI charge. The results of this appeal can impact the sentencing phase of your case in terms of license suspension. Additionally, your attorney may be able to help preserve blood samples that could aid any defense of your claim. Even if your case is seemingly unimpeachable, your lawyer may have grounds to negotiate a plea bargain or a reduced sentence. In some situations, DUI attorneys may receive more lenient sentences for their clients due to their existing relationships with local prosecutors and judges. When consulting with an Oklahoma DUI lawyer, be sure to ask the attorney about their success rate, potential charges, and what type of punishment is likely for your case. A DUI is a serious claim; with the right representation, however, you can typically reduce penalties or avoid conviction altogether.