The Legal Limit

In Oklahoma there are four main alcohol-related driving offenses:

DUI –  “Driving Under the Influence” of alcohol or other intoxicating beverages, chemical substances, or controlled dangerous substances. Oklahoma Statute, Title 47, Section 11-902 states, “It is unlawful for any person to drive, operate or be in actual physical control of a motor vehicle within this state who (1.) Has a blood or breath alcohol concentration of eight-hundredth (0.08) or more, at the time of a test of such person’s blood or breath administered within two hours after the arrest of such person.”

The level of BAC was changed from .10 to .08 as of July 1, 2001

Aggravated DUI - Oklahoma Statute, Title 47, Section 11-902 states, “D. Any person who is convicted of a violation of driving under the influence with a blood or breath alcohol concentration of fifteen-hundredths (0.15) or more shall be deemed guilty of aggravated driving under the influence. 

DWI – “Driving While Impaired” by alcohol but with a BAC of UNDER .08% - specifically .06 or .07 BAC.

Drivers under the age of 21 who drink should also be aware that Oklahoma Statute, Title 47, Sect. 11-906.4. states that it is “unlawful for any person under twenty-one (21) years of age to drive, operate or be in actual physical control of a motor vehicle within this state who: (1.) Has any measurable quantity of alcohol in the person’s blood or breath at the time of a test administered within two (2) hours after an arrest of the person.” 

Actual Physical Control - If a driver under the influence of alcohol or drugs is in a vehicle parked or sitting still on a street or parking lot he is considered to have “actual physical control” of the vehicle. Even if he is not driving, but could choose to drive, he can be charged with APC, which carries the same penalties as DUI. 

Being convicted of any of these offenses could result in revocation of driver’s license (for up to 180 days), imprisonment from 10 days to one year for misdemeanor offenses and more severe penalties for felony or Aggravated DUI. Fines could range from $100 up to $1,000 – even for a first offense. Repeat offenders could face fines up to $5,000 and jail sentences up to 10 years. Court costs may be as high as $300. There will also be attorney’s fees and possibly, time lost from work. 

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