Being charged with DUI can lead to some very serious charges in court. However, driving under the influence is actually a very broad term so it is important to narrow down what this exactly means through a legal perspective.,
In Oklahoma, a driver is considered DUI if:
- They are driving with a BAC of 0.08% or higher
- They are caught driving with any illegal drug in their body
- Their ability to drive is clearly being inhibited due to any intoxication they may have taken
- They are underage drivers driving with any level of intoxication
- They are driving, operating, or in physical control of their vehicle while intoxicated
Even if the driver does not have a BAC of above 0.08% they can still be charged due to observable impairment of their driving noted by the officer. A charge which is based purely on a drivers BAC level and not on their level of impairment is often called ‘per se’ DUI.
Do I have to be physically driving the vehicle to be charged with DUI?
In Oklahoma, it is not necessary that the vehicle actually be in motion for a person to be charged with a DUI offense. According to the law, even if a driver was sitting inside the vehicle and officers had reason to believe that the intoxicated individual had the intention of driving the vehicle, they can still be charged.
If a person feels like they have been wrongfully charged for DUI, they should contact a DUI lawyer in Tulsa, Oklahoma to assist them with their case. DUI lawyers are very experienced and have dealt with many cases of drunk driving charges in the past so they can easily assist a person in taking the best route of action in order to reduce the charges they may be facing.
What can I do to have my jail time reduced or set aside after a DUI charge?
Having to undergo jail time is one of the most serious penalties individuals generally have to undergo after being arrested for DUI. The good news is that a person can have their jail time reduced, or even set aside completel- if they agree to undergo substance abuse treatment.
Substance abuse treatment generally involves a person going to educational classes and being treated both inside and outside a clinical setting. However, it is important to note that if a person fails to follow the rules outlined by their treatment program they risk facing more severe penalties and fines then before.
A person also risks facing higher fines and penalties if they are repeat offenders. For instance, first-time DUI offenders generally have to face only 10 days to a year of jail time alongside a maximum of $1000 in fines. Their license is also revoked for only around 180 days. However, for third-time offenders, they risk facing 1 year to a maximum of 10 years in prison alongside up to $5000 in fines and they also risk having their license revoked for 3 years.
The good news is that with the right DUI lawyers by a person’s side, they can have their DUI charge changed to an offense which is not so serious.