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2010 Oklahoma DUI laws

11th March 2010
By dsmythe in Commercial Law
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Drunk driving is taken very seriously in the state of Oklahoma and a lawyer or attorney should be contacted if you are charged or arrested anywhere in Oklahoma for a DUI or DWI.

The following should not be taken as legal advice, this is only a brief reference to the Oklahoma laws governing DUI and DWI.

Oklahoma operates under what is called “implied consent law” which means that if you are pulled over for a DUI you agree to a breath, blood or chemical test to determine if you are under the influence of drugs or alcohol.

If you do not agree with taking one of more of these tests, the police officer may seize your driver’s license and you will be scheduled to appear in court for a hearing.

Oklahoma Statutes: Title 47.
Motor Vehicles; Chapter 67 - Chemical Tests; Section 761 - Operation of Motor Vehicle While Impaired - Penalties – Suspensions.

A. Any person who operates a motor vehicle while his ability to operate such motor vehicle is impaired by the consumption of alcohol, or any other substance, other than alcohol, which is capable of being ingested, inhaled, injected or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing or other sensory or motor functions shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

Oklahoma DUI lawyer

The penalties for an Oklahoma DUI, Suspended License
If you have had any prior DUI or DWI arrests in Oklahoma, the state may suspend your driver’s license for a period of 180 days and /or up to 3 years for refusing to take one of these tests. The following is continued from the actual Oklahoma law.

B. Upon the receipt of any person's record of conviction of driving while impaired, when such conviction has become final, the Department of Public Safety shall suspend the driving privilege of such person, as follows:

1. The first suspension shall be for thirty (30) days;

2. The second suspension shall be for a period of six (6) months. Such suspension shall not be subject to modification; and

3. The third or subsequent suspension shall be for twelve (12) months. Such suspension shall not be subject to modification.

Alcohol and drug assessment and evaluation possible if arrested for a DUI in Oklahoma.
Actual law code continued from Title 47:

D. Any person who is found guilty of a violation of the provisions of this section or pleading guilty or nolo contendere for a violation of any provision of this section shall be ordered to participate in, prior to sentencing, an alcohol and drug assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services for the purpose of evaluating the receptivity to treatment and prognosis of the person.

As you can see from the above, the State of Oklahoma takes any and all DUI or DWO arrests very seriously.

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