Oklahoma DUI First Offense

Reader’s Question:

I just moved here in Norman, Oklahoma and I heard that my neighbor was charged with DUI for a first-time DUI offense. How can he be charged with an aggravated DUI if it was the first time that he was charged with it?

Gladys

Norman, OK

During the DUI arrest of your neighbor in Norman, Oklahoma, if he had a breath or blood alcohol test of .15% or higher, the charge would be an aggravated DUI even if it is the first time that he is charged for DUI. If he will be convicted for the DUI charge of an aggravated offense, he could face all the same penalties for a first-time offense, but he would also be required to complete a mandatory in-patient treatment program with one year aftercare, 480 hours of community service and install an ignition interlock device on all the vehicles that he would be driving.

Almost all District Attorney’s office in the state of Oklahoma is filing the charge of aggravated DUI with a BAC test of .15% or higher. In the district courts where these charges are being filed, the common practice is to amend the charge back down to a regular DUI charge if the person has had an alcohol assessment that does not reflect the need for the person to complete an in-patient program.