What Is An Aggravated DUI In Oklahoma?
Reader’s Question:
I know someone who has been charged with an aggravated DUI here in Oklahoma. What is the difference between an aggravated DUI case and an ordinary DUI case? Can an aggravated DUI case be tried in the municipal court and are the penalties harsher?
Sam
East Canadian, OK
An aggravated DUI is a DUI case wherein the person suspected for the crime had a chemical test results of 15% or higher on either a blood or breath test. This DUI case could only be filed as a State-level charge in a District Court, not a municipal court charge, unless the particular Municipality has added it to their ordinances, but most have not.
It is not considered a new crime at all but another layer of punishment that is laid on top of that offense which the statute would otherwise provide. For example, if the DUI case in East Canadian, Oklahoma is a misdemeanor DUI, the punishment is a minimum of 10 days and a maximum of one year in the county jail and/or a fine of up to $1,000. If the said charge is filed as an aggravated DUI case, the possible punishments are the same and there would be extra punishments. Those additional include a minimum stay in an alcohol in-patient treatment facility of 28 days, one year aftercare probation period (or meetings) upon release from inpatient, periodic testing during the probationary period, completion of 480 hours of community service and installation of an ignition interlock device on the person’s car for no less than 30 days.
Oklahoma Drunk Driving Penalties
Reader’s Question:
My son has just been arrested for DUI in Midwest City, Oklahoma. His lawyer already advised us that the State has a strong case against him. But still, the lawyer is doing everything he can to fight the charge. If my son will be convicted for DUI, what are the penalties involved.
Ola
Midwest City, OK
The criminal penalties associated with driving under the influence can be severe depending on the number of prior offenses and any aggravating circumstances involved in the DUI case. If this is your son’s first offense for DUI in Midwest City, Oklahoma, it is considered a misdemeanor. First DUI offense carries penalties of $1,000 in fines and not less than 10 days and not more than one year in jail. A second offense for DUI in Oklahoma increases the penalties to a fine of not more than $2,500 and jail time of not less than one year and no more than five years.
A felony DUI offense results in fines of not less than $5,000 and jail time of not less than one year and no more than seven years. A third or subsequent DUI offense carries penalties of a fine of not more than $5,000 and jail time of not less than one year and not more than seven years. I hope that the DUI lawyer who represents your son on his DUI case does everything in order for your son to avoid these harsh penalties.
Hiring Tulsa Oklahoma DUI lawyer
As you go around getting fee agreements from one Tulsa Oklahoma DUI lawyer or another, you may slowly be having to face the fact that these agreements just don’t agree with you. The prices are high, and the payment plans just don’t fit your budget, and in addition to that you don’t want to risk racking up more debt. Even if you aren’t feeling uneasy about the prices, it’s still a good idea for you to check with the courthouse to see if you have other options, such as having your legal representation provided to you at no charge.
While this is not a possibility in every DUI case, it is for felony DUIs, and even for some misdemeanor DUIs a Tulsa Oklahoma DUI lawyer can be provided like this.
Although it is easy to assume that public lawyers are low quality, the truth is that they are often excellent lawyers and that it won’t hurt your case at all to have one. Some even handle private cases as well as the government provided ones assigned to them.