Reader’s Question:

Isn’t it unfair that after my drunk driving arrest in North Cleveland, Oklahoma, I will have two different DUI charges? Could you explain why there has to be two charges?

Dave

North Cleveland, OK

It’s definitely unfair that after your drunk driving arrest in North Cleveland, Oklahoma, you can be charged with two separate DUI offenses. The first offense that you can be charged with is having a blood alcohol content (BAC) beyond the legal limit of 0.08% and the second one is for impaired driving. One reason for creating two different DUI offenses is that a person who is arrested for drunk driving can refuse to take any kind of BAC test. The state of Oklahoma has no evidence in proving the blood alcohol level without the BAC test results. Being charged with two separate offenses allows the state to convict a person for DUI in the absence of BAC test results.

It may be absurd-sounding and it even gets worse because one of the justifications of having two separate laws is that each is based on a different kind of proof. Well, that’s true in theory but it’s quite the opposite in practice. Failing the BAC test can be considered sufficient proof for both charges. In other words, the state does not need any proof of actual impairment to convict you for both charges. But the good news is you will never be punished for both even if you might be convicted for the two charges. That means double the charges doesn’t mean double the sentence.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer