DWI in Oklahoma
Every state is different when it comes to drunk driving laws. For instance, in Texas, the crime of driving while having a blood alcohol content of .08% or higher is called Driving While Intoxicated, or DWI. In Oklahoma, however, this same crime is called Driving Under the Influence, or DUI.
The tricky part is that Oklahoma does have a DWI statute—but in our state, DWI stands for Driving While Impaired.
Impaired vs. Intoxicated Driving
Oklahoma’s per se law states that you are presumed to be intoxicated if your BAC is .08 or greater. However, if your BAC is shown to be .06 or .07, you can be charged with impaired driving.
The statute actually reads greater than a .05. This wording confuses some officers and prosecutors who think the limit is .05. Although the case will be dismissed, it doesn’t reverse the humiliation and expense of being arrested for what isn’t a crime.
A DWI charge is considered a misdemeanor offense. If convicted, you could face a fine between $100-$500 and/or up to six months in jail.
Your driving privilege could also be suspended as follows:
- 30 days for first offense
- Six months for second offense
- One year for third and subsequent offenses
Defending DWI Charges
Simply showing that your blood alcohol content was .06 or .07 is not enough to convict you of DWI. The prosecution must also demonstrate that your ability to safely operate the vehicle was, in fact, impaired due to the consumption of alcohol or another substance.
As your attorney, our job is to make the government prove the case against you. If they cannot do so, then your case will be dismissed or you will be found not guilty.