Navigating Oklahoma’s Legal Blood Alcohol Concentration

Overview of Current DUI Legislation in Oklahoma

The legal blood alcohol concentration (BAC) limit for all drivers in Oklahoma is .08 percent. However, there are some variations in the law. For example, people who are under 21 years old cannot legally drive with any amount of alcohol in their system—if they are caught driving with a BAC of .01 percent or higher, they could be charged with DUI. Additionally, commercial drivers must adhere to a BAC limit of no more than .04 to legally operate commercial vehicles such as trucks or buses.
In recent years, there have been some changes to the state’s laws pertaining to DUI and alcohol consumption. In December 2017, a new law went into effect regarding DUI penalties. Under the new law, first-time and second-time offenders who are charged with DUI can now have criminal sentences deferred for up to five years by entering an alcohol and drug assessment program .
This means that in certain circumstances, these drunk drivers may not have to face jail time and far less severe penalties than they would have before the law change. If the driver goes a period of time without violating the law, their case may eventually be dismissed. However, drunk drivers who commit a third offense will still face a minimum jail sentence of 10 days up to one year.
For Oklahoma drivers who find themselves facing DUI charges, it is important to be aware of any changes to the law that may affect the severity of charges or penalties. Some circumstances, such as how many charges a person has received and whether or not they have previously entered a drug and alcohol assessment program, may help reduce penalties.

Consequences for Driving Above the Legal Limit

For individuals who exceed Oklahoma’s legal alcohol limit while driving, the consequences can be severe. First-time offenders can expect a minimum of a $500 fine and 10 days in jail. At a judge’s discretion, however, this may be waived. Those charged with "Driving Under the Influence," meaning a BAC between .08 and .10, face a minimum fine of $500, and those convicted for a BAC of more than .10 in Oklahoma can face a minimum fine of $1,000.
Along with fines, all those charged with DUI can expect an eventual suspension of their driving privileges. Again, at a judge’s discretion, this penalty may be waived. For first-time offenders, suspension can last anywhere from 30 days to one year. Repeat offenders or those charged with aggravated DUI, which has a BAC of .15 percent or higher, face up to three years of license suspension.
Repeat offenders and aggravated DUI suspects face harsher penalties, including a 60-day license suspension for a second offense, a one-year suspension for a third offense, and a mandatory government-required installation of an ignition interlock system. A second DUI offense also comes along with a $1,000 fine, possible jail time, and 480 hours of community service. The penalties only increase in severity with each additional DUI charge.

Influence of Alcohol on Driver Performance

Alcohol consumption can have a profound effect on an individual’s ability to operate a motor vehicle safely. It can impair an individual’s cognitive skills, as well as physical abilities. Alcohol consumption can lead to altered perception, reduced coordination, slowed reaction time, and impaired judgment. A person with a blood alcohol content (BAC) of .08 percent would be expected with have little difficulty keeping track of what is going on around them and would tend to overestimate how sharply their movements can be performed. By default then a driver may have a false sense of control and could likely pose a greater danger to all on the roadway including passengers and law enforcement.
A 2005 study conducted by the National Highway Traffic Safety Administration showed that 37 percent of Americans admitted to driving within two hours of consuming alcohol. Drivers with a BAC of .08 percent or higher are more than 11 times more likely to be killed in a crash than drivers who are sober. There were 10,000 crashes involving alcohol and drugs reported during a nine year period from 2000 to 2008 with alcohol usage being a factor in 71 percent of those crashes.
Clearly, alcohol causes a significant number of accidents and injuries on American roadways and specifically in Oklahoma.

How to Prevent and Choose Alternatives

Prevention is the first line of defense against DUI incidents in Oklahoma. For those looking to avoid the pitfalls of drunk driving, there are a number of options to consider before ever reaching for the bottle. The vast majority of Oklahomans are pretty good about not drinking and driving faithfully. As such, they serve as a great resource when it comes to assessing the value of preventative measures.
First and foremost, the most important preventive measure is to limit alcohol consumption during an outing such that self-driving or public transportation can be used at the end of the night. A number of organizations exist to help people achieve this goal by providing free and safe transportation, such as Sober Rides OKC. One call to a cab service or a ridesharing app can save someone from a DUI and possibly worse.
Other options include taxi services, rideshare services and sober ride alternatives . Meanwhile, Chicago’s innovative "Pedro," a low-cost alternative to ridesharing, is on the rise. There’s also the option of simply designating a sober driver for any night out on the town. Any of these options may be particularly important if you are in a remote location or traveling in a group.
Another preventive measure that can be effective is to stay educated on preventive tactics such as "Sober Rides." This statewide initiative focuses on educating Oklahomans on how to plan out a safe ride home ("safe rides") before even drinking in the first place. Promoted heavily by the Highway Safety Office, the initiative is working to make sure passing on the opportunity to drive while under the influence is the default choice for all Oklahomans.
Nonetheless, as the past has shown, there will always be occasional incidents of negligence. Fortunately, Oklahoma drunk driving laws are relatively straightforward.

Legal Strategies When Dealing with DUI Charges

If you have ever been busted for DUI, you know how serious the situation is. While sometimes people get an ARD with the right representation, most of the time you can no longer drive legally (at least for some time) and most employers frown upon a DUI conviction. Your best bet if you are charged with a DUI (and sometimes your ONLY bet) is to consult an experienced DUI attorney. They can help you determine whether or not should take a plea deal or go to trial and fight for yourself. They will present you with defenses and claim about your case. For example, many people do not realize that the officer has some responsibility when it comes to a DUI arrest. An officer has to administer the field sobriety tests and perform sobriety tests in such a way as to not bias the results. If the officer misses something , such as a slant or incline in the ground or an improper way of administering the test, this could be cause to dismiss your case.
Also, you must realize that these tests are usually practiced quite a bit. If you live in a college town, for example, chances are that the average officer has arrested about 500 other students over the course of his or her career. They might not really be able to judge at that point whether you are sober or just not as "not sober" as the other 499 people they have arrested in the past. Finally, if you do go to trial, you need a good lawyer that has tried a lot of cases, particularly DUI cases. A defense attorney that does not know the court and judge and prosecutor will be nowhere near as successful as one that does. Check with other people who have faced charges and look online for several potential options. Never hire the first attorney you come across!