Wagoner Lawyer Blog How Can I Fight a Wagoner Oklahoma Charge of DUI – Third Offense or More?

Oklahoma Has Tough Penalties For Repeated DUI

dui attorney in WagonerIn Oklahoma it is unlawful to operate a motor vehicle with a blood alcohol content (BAC) of .08% or higher. Okla. Stat. tit. 47 § 11-902. Depending on a number of factors, including weight, food intake, stress and other factors, this can be a very small amount of alcohol.

A couple of glasses of wine at a party of over dinner may be sufficient to cause unlawful blood alcohol levels for an Oklahoma driver.  In addition, the law prohibits any combination of intoxicating substances that can affect driving. One beer along with a dose of pain medication may be sufficient to land you in jail.

Any type of DUI charge in Oklahoma can be expensive, time-consuming and disruptive of your routine access to transportation. A third offense DUI charge can be even more costly and disruptive.

While a first offense is a misdemeanor punishable by jail time of from 5 days to one year in jail and/or a fine of up to $1000 in addition to a license suspension, with each repeat offense, the penalties become harsher. Third offense penalties are much harsher.

Third Offense DUI Penalties in Oklahoma

By the time you are facing your third possible DUI conviction, the penalties are can cost you years of freedom. Conviction of a third DUI offense within 10 years in Oklahoma is treated as a felony. Among other penalties, you could face placement in the custody of the Department of Corrections from 1 to 20 years and/or a fine of up to $5000.

You may be ordered to treatment that you must pay for and you may be required to perform up to 480 hours of community service. Your license to drive will be suspended. Further, you may be ordered to use an ignition lock system in your car. Okla. Stat. tit. 47 § 11-906.4. It acts like a breathalyzer and will not unlock the ignition to your car if it detects alcohol on your breath. Okla. Stat. tit. 47 § 11-902.

Oklahoma: An Implied Consent State

Oklahoma is an implied consent state. By driving on the roads and highway you have already consented to submit to chemical testing. If you refuse testing when it is requested by a police officer, your license will be automatically revoked under the law.

You have only a limited amount of time to challenge the revocation. It is important to act immediately if your license has been revoked for failure to take a breathalyzer test. Otherwise you could lose your rights to appeal and lose your license.

If you are charged with any DUI in the Wagoner area, it is important that you hire an experienced Wagoner DUI attorney as soon as possible. Defenses to the charges may be available to you. Sometimes, there are problems with the equipment used to determine your BAC level. It is important that you talk to counsel as soon as possible and certainly avoid talking to the police. Their job is to prosecute not help you.

Free Consultation: Wagoner DUI Attorney

Your freedom is important. Call us today for a free consultation with a Wagoner DUI defense attorney. Call the Wirth Law Office-Wagoner at (918) 485-0335 (or toll free at (888) Wirth-Law. Or as always, you may enter a legal question in the form at the top of this page and the Wagoner lawyer will reply as soon as possible.

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