If you have been arrested for driving under the influence (DUI) in Oklahoma, you may be facing an “aggravated” DUI charge if your blood alcohol concentration (BAC) was 0.15% or higher. This elevated charge brings more severe consequences than standard DUI penalties. It is important to understand what you are up against and to seek the guidance and representation of an experienced Oklahoma DUI defense attorney.
Oklahoma Aggravated DUI
Under Oklahoma Statute Title 47, Section 11-902(D), an aggravated DUI is defined as operating a motor vehicle with a BAC of 0.15% or higher. The elevated BAC does not transform a misdemeanor DUI into a felony, but it does result in more severe penalties.
Standard DUI vs. Aggravated DUI Penalties
If you are wondering what the difference is between a regular DUI charge and an aggravated DUI charge, it comes down to the severity of penalties. For example, a first-time misdemeanor DUI offense typically carries the following penalties:
- Jail time – Up to six months in municipal court or up to one year in state court.
- Fines – Up to $1,000 in state court (fines may vary in municipal courts, e.g., Oklahoma City Municipal Court can impose fines up to $1,200).
- License suspension – 30 days to 180 days.
In contrast, an aggravated DUI incurs additional penalties as outlined in Oklahoma Statute Title 47, Section 11-902(C)(1), which may include:
- Mandatory inpatient alcohol treatment for a minimum of 28 days.
- Probation with one year of post-treatment aftercare.
- Regular alcohol testing and monitoring throughout the probation period.
- Required installation of an ignition interlock device.
- 480 hours of community service.
These enhanced penalties show the seriousness that Oklahoma law treats high-BAC drunk driving offenses. This explains why you need the help of an experienced aggravated DUI lawyer in Oklahoma.
Impact on Your Driving Privileges
An aggravated DUI in Oklahoma begins two separate proceedings:
- A criminal case for the DUI offense; and
- A civil action against your driving privileges.
To protect your license, you must contact Service Oklahoma within 30 days of arrest to request an administrative hearing. This deadline is crucial and non-negotiable.
At this hearing, Service Oklahoma will evaluate whether proper procedures were followed during your arrest, including the administration of chemical tests and adherence to implied consent laws.
When you promptly retain the services of Fabian & Young, we can handle the Service Oklahoma administrative hearing request on your behalf and represent you at the hearing. Our experienced aggravated DUI attorneys in Oklahoma understand the ins and outs of these proceedings and can effectively argue to save your driving privileges.
Failure to request a hearing within 30 days results in an automatic suspension of your license on the 30th day. The only exception is for blood test cases, where the 30-day period begins when you receive notice of testing over the legal limit.
Potential Defenses for Aggravated DUI Charges
While each case is unique, there are several potential defenses that an experienced Oklahoma aggravated DUI attorney might explore:
- Challenging the Traffic Stop: If the initial traffic stop was not based on reasonable suspicion, it could be deemed unlawful, potentially leading to the exclusion of evidence.
- Questioning BAC Test Accuracy: Breathalyzer and blood tests can be affected by various factors. Our attorneys can scrutinize the testing procedures, equipment calibration, and chain of custody to identify potential inaccuracies.
- Field Sobriety Test Reliability: These tests are subjective and can be influenced by factors unrelated to intoxication, such as physical conditions or environmental factors.
- Medical Conditions: Certain medical conditions can mimic intoxication or affect BAC readings.
- Improper Police Procedures: Any violation of your constitutional rights or failure to follow proper procedures during the arrest could lead to evidence suppression.
Long-Term Consequences of an Aggravated DUI Conviction
Beyond the immediate legal penalties, an aggravated DUI conviction can have long-lasting consequences. Some of these far-reaching impacts include:
- Employment Difficulties – Many employers conduct background checks, and a DUI conviction could limit job opportunities, especially in fields requiring driving.
- Insurance Rate Increases – Auto insurance premiums often increase dramatically after a DUI conviction.
- Professional License Issues – Certain professional licenses may be at risk, especially for fields like healthcare, law, or education.
- Travel Restrictions – Some countries may deny entry to individuals with DUI convictions.
- Personal and Family Impact – The stress of legal proceedings, potential job loss, and social stigma can strain personal relationships.
How Fabian & Young Can Help With Your Aggravated DUI Defense
Facing an aggravated DUI charge in Oklahoma is a serious matter that requires experienced and skillful legal representation. At Fabian & Young, we bring decades of combined experience in defending clients against alcohol-related charges.
You can count on our Oklahoma aggravated DUI lawyers to aggressively defend your aggravated DUI charge. We will take prompt action, including the following:
- Thorough Case Analysis: We meticulously review every aspect of your case, from the initial traffic stop to the chemical testing procedures.
- Aggressive Defense Strategies: We leverage our deep understanding of Oklahoma DUI laws to build a strong defense for your specific situation.
- Negotiation Skills: When appropriate, we negotiate with prosecutors to seek reduced charges or alternative sentencing options.
- Trial Experience: If your case goes to trial, our experienced litigators will provide a strong courtroom representation.
- Comprehensive Support: We guide you through both the criminal proceedings and the administrative process to protect your driving privileges.
- Client-Centered Approach: We understand the stress and uncertainty you’re facing. Our team provides compassionate support throughout your case.
Call Us Today to Protect Your Rights
If you’ve been charged with an aggravated DUI in Oklahoma, you need to act fast. The decisions you make right after your arrest can significantly impact the outcome of your case.
Contact Fabian & Young today for a confidential free consultation. Let us put our experience and knowledge to work for you. We will fight to protect your rights, your freedom, and your future.