Oklahoma DWI Offenses, Penalties and Records

Driving while intoxicated or DWI is referred to as driving under influence or DUI in the state of Oklahoma. Oklahoma DWI laws state that it is illegal for any driver in the state to drive with a blood alcohol concentration of 0.08 percent or more. The 0.08 percent of alcohol in the bloodstream is the standard limit used in all the states. The blood alcohol concentration limit is lower for commercial drivers and for drivers under 21 years of age in the state of Oklahoma. Commercial drivers are prohibited from driving any vehicle with a blood alcohol concentration of 0.04 percent or more. For minors or those below 21, the state has zero tolerance laws.

The Implied Consent Law in Oklahoma declares that any driver in the state must agree to take the chemical tests required to determine the alcohol level in the bloodstream if stopped by the police suspecting drunken driving. If you do not abide by this law, your driver’s license will be suspended for at least 180 days and up to 3 years and you will have to present yourself in the court for a hearing.

The penalties for Oklahoma DWI are jail sentences, fines, suspension of driver’s license, correctional programs etc. For a first time DUI offense in Oklahoma, the penalties could be:

•    The jail sentence may be from ten days up to one year
•    If the convicted was driving with a child below eighteen years of age in the vehicle, the jail sentence may go up to four years
•    The offender has to pay a fine of $1,000
•    In cases where the offender was found to drive with a child below eighteen, the amount of fine is doubled
•    The offender’s driver’s license is suspended for a period of thirty days
•    The offender has to pay minimum fees of $300
•    The offender also has to participate in assessment program and undergo evaluation treatment.

The punishments are harsher for a second DUI conviction in the state of Oklahoma. The penalties are

•    The duration of the jail sentence is of a minimum of one year and no more than five years
•    Instead of the above, the offender may have to go through imprisonment as well as treatment.
•    If the offender was operating the vehicle with a child passenger below eighteen, he or she is sentenced to a jail term of up to four years
•    The driver’s license is suspended for a period of six months
•    The offender needs to pay a fine of $2,500
•    In cases where the offender is found driving with a passenger below eighteen, the amount of fine doubles
•    The offender must install an ignition interlock device in his or her car following orders from the court.

An ignition interlock device is installed at the driver side of the car and is one of the most popular and effective measures to prevent drunken driving. After the device is installed, the driver is required to breathe into the device before it will start. If the device records a blood alcohol concentration more than the legal limit in the state, the vehicle does not start.

The penalties for a third and subsequent DUI convictions in Oklahoma are

•    Jail sentence for a minimum of one year. It may go up to twenty years.
•    For drunken driving with a child passenger, the jail sentence is for at most four years
•    The offender has to pay a fine, the amount not exceeding $1,000. The amount of fine doubles if the offender was found driving with a child passenger
•    The driver’s license is suspended for one year
•    The offender has to participate in community service for 480 hours
•    The offender has to take part in treatment and evaluation programs and remain under supervision for one year
•    The offender may also be instructed by the court to install an ignition interlock device in his or her car

For more information on the Oklahoma DWI laws and their penalties visit the official website of the state at http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=436497.

Oklahoma DWI Records

One important aspect of drunken driving cases is the records of these cases. The Oklahoma Department of Public Safety maintains records of all Oklahoma DWI cases. These records are accessible by the general public. In case you want to access someone else’s driver’s records, you need to have a written consent from that individual. You may request for a copy of the records for use in regular business work in order to verify information or to correct the records in case the information contained in the records is erroneous. You may also want the records for use in any criminal or civil or administrative proceeding.

In order to request for the records, you need to download the records request form. You may do so by visiting http://www.dps.state.ok.us/recm/record_request.pdf. You must mention your full name, date of birth and other details in your request. Mail your request to Department of Public Safety, Driving Records, P.O. Box 11415, Oklahoma City, OK 73136-0415

You will be charged a fee of $10 if you have ordered a non-certified copy of the driver’s records. If you want a certified copy of the records you will be charged $13. You may make the payment in cash only if you are paying in person. You must make the payment in money order or cashier’s check otherwise.

The number of drinks that puts a person beyond the legal limit is different for different persons and it is very difficult to determine this for each individual. Other factors such as the age, sex, and the eating habits also affect the absorption of alcohol in the bloodstream. The best way to prevent accidents is not to drive when you are drunk. Drunken driving can bring about a lot of trouble in others’ lives. The Oklahoma DWI laws are designed to prevent drunken driving and it deprives the offenders of their driving privileges.