Oklahoma DWI Attorneys

Oklahoma DWI Lawyers
(800) 852-8005

WARNING
The State of Oklahoma will seek to suspend your driver's license following an arrest for a DWI in Oklahoma.

For immediate help, contact a Oklahoma DWI Lawyer.

DWI Defense Attorney

Get help from an Oklahoma DWI Lawyer by using the drop-down menu below or by calling 1-800-852-8005.

Select the county where your DWI occurred in Oklahoma:

Oklahoma City DWI/DUI Lawyer John HunsuckerTulsa DWI/DUI Lawyer Bruce Edge

 

If you have been charged with an Oklahoma DWI there are two things that you need to consider:

1) Take the charge seriously.

A conviction for an Oklahoma DWI will have long lasting consequences. A criminal record can affect your employment, your future and your personal freedom.

2) Hire an experienced Oklahoma DWI Lawyer.
Understanding the Oklahoma DWI laws and courtroom proceedings can be a challenge. Hiring a qualified Oklahoma DWI Lawyer from DWI.com who focuses on DWI defense can make a difference in the outcome of your case.

The Oklahoma DWI Defense Lawyers at DWI.com offer an initial review of your case. Your inquiry is both free and confidential.

To begin fighting your Oklahoma DWI, use the drop-down menu above to locate an Oklahoma Attorney in your county. But do it now, as time is very critical in an Oklahoma DWI case.

Oklahoma Drunk Driving Information

Being pulled over for Driving While Intoxicated (DWI) in Oklahoma can be a life altering event.  The most important fact to be aware of is that you will be facing two separate legal actions, one of which is criminal in nature, while the other case is an administrative suspension action aimed at your driving privileges and in particular your Oklahoma driver’s license.  In Oklahoma you are considered to be Driving While Intoxicated if your blood alcohol concentration (BAC) is .08% or more.  You are considered to be driving impaired if your BAC is over .05% but less than .08%.  It is important for you to realize that you can still be arrested for DWI if your BAC is below .08% if the arresting officer decides you were driving recklessly. The officer’s decision is of a subjective nature and therefore open to opinion. That is why it is important to have a qualified Oklahoma DWI attorney on your side.

If you refuse to participate in field sobriety testing in Oklahoma, you should know that Oklahoma is an "Implied Consent" state, which means that when you, as a citizen of Oklahoma, agreed to exercise your driving priviliges you also agreed to being automatically tested if you were ever suspected of Driving While Intoxicated or impaired with drugs or alcohol. You as an Oklahoma driver can face having your license suspended.  That suspension can range from 90 days to a period of three years for failing or refusing a breath or blood test.  You have 15 days to request a hearing to save your Oklahoma driving privileges, if you do not request a hearing in that time, your Oklahoma driver’s license will be automatically suspended by the Oklahoma Department of Public Safety 30 days from the date the DWI arrest occurred.

Oklahoma is a member of the Interstate Driver’s License Compact, which means if you are tried and convicted of a Oklahoma DWI, Oklahoma will share this information with the other 45 states who also belong to this organization and this can impact your current Oklahoma DWI case.

Oklahoma DWI Laws

Title 47. Motor Vehicles. Chapter 11. Highway Safety Code. Article 9 – Reckless Driving, Driving While Intoxicated and Negligent Homicide.

§47-11-902.

Persons under the influence of alcohol or other intoxicating substance or combination thereof – Penalty – Enhancement.

A.  It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who:

1. Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more at the time of a test of such person’s blood or breath administered within two (2) hours after the arrest of such person;

2.  Is under the influence of alcohol;

3.  Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or

A.  Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle.

B.  The fact that any person charged with a violation of this section is or has been lawfully entitled to use alcohol or a controlled dangerous substance or any other intoxicating substance shall not constitute a defense against any charge of violating this section.

C.  1.  Any person who is convicted of a violation of the provisions of this section shall be deemed guilty of a misdemeanor for the first offense and shall participate in an assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services pursuant to Section 3-460 of Title 43A of the Oklahoma Statutes and shall follow all recommendations made in the assessment and evaluation and be punished by imprisonment in jail for not less than ten (10) days nor more than one (1) year.  Any person convicted of a violation for a first offense shall be fined not more than One Thousand Dollars ($1,000.00).

2.  Any person who, within ten (10) years after a previous conviction of a violation of this section or a violation pursuant to the provisions of any law of another state prohibiting the offense provided in subsection A of this section, is convicted of a second offense pursuant to the provisions of this section or has a prior conviction in a municipal criminal court of record for the violation of a municipal ordinance prohibiting the offense provided for in subsection A of this section and within ten (10) years of such municipal conviction is convicted pursuant to the provision of this section shall be deemed guilty of a felony and shall participate in an assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services pursuant to Section 3-460 of Title 43A of the Oklahoma Statutes and shall be sentenced to:

a.    follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense, or

b.    placement in the custody of the Department of Corrections for not less than one (1) year and not to exceed five (5) years and a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), or

c.    treatment, imprisonment and a fine within the limitations prescribed in subparagraphs a and b of this paragraph. However, if the treatment in subparagraph a of this paragraph does not include residential or inpatient treatment for a period of not less than five (5) days, the person shall serve a term of imprisonment of at least five (5) days.

3.  Any person who is convicted of a second felony offense pursuant to the provisions of this section shall participate in an assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services pursuant to Section 3-460 of Title 43A of the Oklahoma Statutes and shall be sentenced to:

a.    follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense, two hundred forty (240) hours of community service and use of an ignition interlock device, or 

b.    placement in the custody of the Department of Corrections for not less than one (1) year and not to exceed seven (7) years and a fine of not more than Five Thousand Dollars ($5,000.00), or

c.    treatment, imprisonment and a fine within the limitations prescribed in subparagraphs a and b of this paragraph. However, if the treatment in subparagraph a of this paragraph does not include residential or inpatient treatment for a period of not less than ten (10) days, the person shall serve a term of imprisonment of at least ten (10) days.

4.  Any person who is convicted of a third or subsequent felony offense pursuant to the provisions of this section shall participate in an assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services pursuant to Section 3-460 of Title 43A of the Oklahoma Statutes and shall be sentenced to:

a.    follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense, followed by not less than one (1) year of supervision and periodic testing at the defendant’s expense, four hundred eighty (480) hours of community service, and use of an ignition interlock device for a minimum of thirty (30) days, or

b.    placement in the custody of the Department of Corrections for not less than one (1) year and not to exceed ten (10) years and a fine of not more than Five Thousand Dollars ($5,000.00), or 

c.    treatment, imprisonment and a fine within the limitations prescribed in subparagraphs a and b of this paragraph. However, if the person does not undergo residential or inpatient treatment pursuant to sub-paragraph  a of this paragraph the person shall serve a term of imprisonment of at least ten (10) days.

5.  Any person who, within ten (10) years after a previous conviction of a violation of murder in the second degree or manslaughter in the first degree in which the death was caused as a result of driving under the influence of alcohol or other intoxicating substance, is convicted of a violation of this section shall be deemed guilty of a felony.

6.  Provided, however, a conviction from another state shall not be used to enhance punishment pursuant to the provisions of this subsection if that conviction is based on a blood or breath alcohol concentration of less than eight-hundredths (0.08).

7.  In any case in which a defendant is charged with a second or subsequent driving under the influence of alcohol or other intoxicating substance offense within any municipality with a municipal court other than a court of record, the charge shall be presented to the county’s district attorney and filed with the district court of the county within which the municipality is located.

D.  Any person who is convicted of a violation of driving under the influence with a blood or breath alcohol concentration of fifteen-hundredths (0.15) or more pursuant to this section shall be deemed guilty of aggravated driving under the influence.  A person convicted of aggravated driving under the influence shall participate in an assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services pursuant to Section 3-460 of Title 43A of the Oklahoma Statutes and shall comply with all recommendations for treatment.  Such person shall be sentenced to not less than one (1) year of supervision and periodic testing at the defendant’s expense, four hundred eighty (480) hours of community service, and an ignition interlock device for a minimum of thirty (30) days.  Nothing in this subsection shall preclude the defendant from being charged or punished as provided in paragraph 1, 2, 3, 4 or 5 of subsection C of this section.

E.  When a person is sentenced to imprisonment in the custody of the Department of Corrections, the person shall be processed through the Lexington Assessment and Reception Center or at a place determined by the Director of the Department of Corrections.  The Department of Corrections shall classify and assign the person to one or more of the following:

       
1.  The Department of Mental Health and Substance Abuse Services pursuant to paragraph 1 of subsection A
        of Section 612 of Title 57 of the Oklahoma Statutes; or

       
2.  A correctional facility operated by the Department of Corrections with assignment to substance abuse
        treatment.

F.  The Department of Public Safety is hereby authorized to reinstate any suspended or revoked driving privilege when the person meets the statutory requirements which affect the existing driving privilege.

G.  Any person who is found guilty of a violation of the provisions of this section shall be ordered to participate in, prior to sentencing, an alcohol and drug substance abuse evaluation and assessment program offered by a certified assessment agency or certified assessor for the purpose of evaluating and assessing the receptivity to treatment and prognosis of the person.  The court shall order the person to reimburse the agency or assessor for the evaluation and assessment.  The fee for an evaluation and assessment shall be the amount provided in subsection C of Section 3-460 of Title 43A of the Oklahoma Statutes.  The evaluation and assessment shall be conducted at a certified assessment agency, the office of a certified assessor or at another location as ordered by the court.  The agency or assessor shall, within seventy-two (72) hours from the time the person is evaluated and assessed, submit a written report to the court for the purpose of assisting the court in its final sentencing determination.  If such report indicates that the evaluation and assessment shows that the defendant would benefit from a ten-hour or twenty-four-hour alcohol and drug substance abuse course or a treatment program or both, the court shall, as a condition of any sentence imposed, including deferred and suspended sentences, require the person to follow all recommendations identified by the evaluation and assessment and ordered by the court.  No person, agency or facility operating an evaluation and assessment program certified by the Department of Mental Health and Substance Abuse Services shall solicit or refer any person evaluated and assessed pursuant to this section for any treatment program or substance abuse service in which such person, agency or facility has a vested interest; however, this provision shall not be construed to prohibit the court from ordering participation in or any person from voluntarily utilizing a treatment program or substance abuse service offered by such person, agency or facility.  If a person is sentenced to imprisonment in the custody of the Department of Corrections and the court has received a written evaluation report pursuant to the provisions of this subsection, the report shall be furnished to the Department of Corrections with the judgment and sentence.  Any evaluation and assessment report submitted to the court pursuant to the provisions of this subsection shall be handled in a manner which will keep such report confidential from the general public’s review.  Nothing contained in this subsection shall be construed to prohibit the court from ordering judgment and sentence in the event the defendant fails or refuses to comply with an order of the court to obtain the evaluation and assessment required by this subsection.  If the defendant fails or refuses to comply with an order of the court to obtain the evaluation and assessment, the Department of Public Safety shall not reinstate driving privileges until the defendant has complied in full with such order.  Nothing contained in this subsection shall be construed to prohibit the court from ordering judgment and sentence and any other sanction authorized by law for failure or refusal to comply with an order of the court.

H.  Any person who is found guilty of a violation of the provisions of this section may be required by the court to attend a victims impact panel program, if such a program is offered in the county where the judgment is rendered, and to pay a fee, not less than Fifteen Dollars ($15.00) nor more than Twenty-five Dollars ($25.00) as set by the governing authority of the program and approved by the court, to the program to offset the cost of participation by the defendant, if in the opinion of the court the defendant has the ability to pay such fee.

I.  Any person who is found guilty of a felony violation of the provisions of this section may be required to submit to electronic monitoring as authorized and defined by Section 991a of Title 22 of the Oklahoma Statutes.

J.  Any person who, within ten (10) years after a previous conviction of a violation of this section or a violation pursuant to the provisions of law of another state prohibiting the offense provided in subsection A of this section or a violation of a municipal ordinance prohibiting the offense provided in subsection A of this section, pleads guilty or nolo contendere or is convicted of a violation of this section shall not be required to undergo the alcohol and drug substance evaluation program required by subsection G of this section.  The court shall, as a condition of any sentence imposed, including deferred and suspended sentences, require the person to participate in and successfully complete all recommendations from the evaluation, such as an alcohol and drug substance abuse treatment program pursuant to Section 3-452 of Title 43A of the Oklahoma Statutes.

K.  Any person who is found guilty of a violation of the provisions of this section who has been sentenced by the court to perform any type of community service shall not be permitted to pay a fine in lieu of performing the community service.

L.  When a person is found guilty of a violation of the provisions of this section, the court shall order, in addition to any other penalty, the defendant to pay a one-hundred-dollar assessment to be deposited in the Drug Abuse Education and Treatment Revolving Fund created in Section 2-503.2 of Title 63 of the Oklahoma Statutes, upon collection.

M.  In any case in which a person is convicted of violating the provisions of this section and who was transporting in the motor vehicle a child fifteen (15) years of age or younger, the fine shall be enhanced to double the amount of the whole sum otherwise prescribed.

§47-11-902a.

Allowing use of motor vehicle without ignition interlock device.

A.  No person shall knowingly authorize or permit a motor vehicle owned or under the control of that person which is not equipped with an ignition interlock device to be driven upon any street or highway of this state by any person who is required to have an ignition interlock device installed upon the vehicle of that person.

B.  No person shall make an overt or conscious attempt to physically disable, disconnect or wire around an ignition interlock device, unless certified pursuant to rule or Oklahoma Statutes, or intentionally fail to return an ignition interlock device when it is no longer required in the vehicle or upon request by the owner of the device.

C.  A violation of this section shall be a misdemeanor and shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

§47-11-904.

Person involved in personal injury accident while under influence of alcohol or other intoxicating substance – Causing great bodily injury.

A.  Any person who is involved in a personal injury accident while driving or operating a motor vehicle within this state and who is in violation of the provisions of subsection A of Section 11-902 of this title may be charged with a violation of the provisions of this subsection as follows:

        1.  Any person who is convicted of a violation of the provisions of this subsection shall be deemed
        guilty of a misdemeanor for the first offense and shall be punished by imprisonment in the county jail
        for not less than ninety (90) days nor more than one (1) year, and a fine of not more than
        Two Thousand Five Hundred Dollars ($2,500.00); and

        2.  Any person who is convicted of a violation of the provisions of this subsection after having been
        previously convicted of a violation of this subsection or of Section 11-902 of this title shall be deemed
        guilty of a felony and shall be punished by imprisonment in a state correctional institution for not less
        than one (1) year and not more than five (5) years, and a fine of not more than Five Thousand Dollars
        ($5,000.00).

B.  1.  Any person who causes an accident resulting in great bodily injury to any person other than himself while driving or operating a motor vehicle within this state and who is in violation of the provisions of subsection A of Section 11-902 of this title may be charged with a violation of the provisions of this subsection.  Any person who is convicted of a violation of the provisions of this subsection shall be deemed guilty of a felony punishable by imprisonment in a state correctional institution for not less than one (1) year and not more than five (5) years, and a fine of not more than Five Thousand Dollars ($5,000.00).

2.  As used in this subsection, “great bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

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