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Leach & Sullivan

An overview of Oklahoma drunk driving laws

On Behalf of | Mar 3, 2021 | blog, DUI

In the state of Oklahoma, it is illegal to operate a motor vehicle while under the influence of drugs or alcohol. Motorists may be convicted of driving while impaired (DWI) if their blood alcohol level is determined to be between 0.05% and 0.08%. Motorists might be convicted of driving under the influence (DUI) if their blood alcohol level is found to be 0.08% or higher.

Additional evidence is needed for a DWI conviction

You cannot be convicted of DWI based solely on your blood alcohol level. A police officer would need other evidence that you put the safety of yourself, your passengers or others in danger by operating a motor vehicle. It’s worth noting that an officer could take you into custody if there was reason to believe that your actions were in violation of other state or local laws.

When is a drug test considered timely?

As a general rule, a blood, saliva or urine drug test must be completed within two hours of taking a person into custody. If a driver is under the age of 21, a blood alcohol test must be conducted within that two-hour window after the arrest.

Having the right to consume alcohol isn’t a defense

If you are over the age of 21, you generally have the right to consume alcohol. However, the fact that you did so legally does not mean that you have the right to drive while impaired. Furthermore, you are prohibited from operating a motor vehicle under the influence of any controlled substance that you might have a legal right to consume.

A person who is convicted of a DUI, DWI or similar charge might be sentenced to jail or prison time. Furthermore, a judge may order you to pay a fine, perform community service or install an ignition interlock device on your vehicle. Depending on the circumstances, an attorney may be able to have evidence suppressed in an effort to get your case dismissed before trial.