Driving while intoxicated (DWI) and driving under the influence (DUI) are two separate offenses in Oklahoma that carry different penalties. While some states view these charges as the same, Oklahoma does not. Successfully defending against these charges in Oklahoma DUI hearings may allow your charges to be dropped or significantly reduced.
Impaired Driving vs. Drunk Driving in Oklahoma
Both charges come with consequences in Oklahoma when the outcome of your case ends in a conviction. However, some differences define each charge. To be charged with DWI in Oklahoma, the following circumstances must apply:
- Valid evidence exists that you are unable to operate a vehicle, threatening public health and safety
- You have a blood alcohol content (BAC) of at least 0.05% but below 0.08%
- The charge can occur whether consuming alcohol, drugs, or prescription medications
DUI charges incur more severe penalties if a conviction occurs. You may face DUI charges for the following:
- Driving with a BAC of 0.08% but less than 0.15%
- Driving with a BAC of 0.04% or greater while operating a commercial motor vehicle
Oklahoma drivers with a BAC of 0,15% or greater face more severe DUI charges and incur greater penalties.
Difference Between Teen Impaired Driving and Drunk Driving
The differences between DWI and DUI only apply to adults 21 or older. Anyone under 21 who has any detectable amounts of alcohol in their system within two hours after an arrest faces automatic charges of DUI. Convicted minors also face more severe consequences, including automatic license suspension, the use of an ignition interlock device, and mandatory educational classes on alcohol awareness.
The Difference in Oklahoma DWI Penalties and DUI Penalties
While both charges are serious, the primary difference between the offenses is a person’s blood alcohol content. A misdemeanor charge accompanies all DWI offenses. Penalty points do apply if a conviction occurs. Penalties for a DWI in Oklahoma may include fines, possible jail time, and participation in alcohol assessments or evaluations. Prior DWI offenses do not enhance subsequent.
First-time DUI offenses are also misdemeanor charges. However, any additional DUI convictions within the 10-year lookback period are felony charges. Other penalties, such as jail time, fines, and license suspensions, are more severe for subsequent DUI convictions.
Multiple DUI convictions are costly. Fines can range from $2500 up to $5000. The potential jail times you face increase in addition to other penalties. The DUI lookback period in Oklahoma allows for enhancing sentencing for additional DUI convictions.
Where the Differences between DWI and DUI in Oklahoma End
The primary difference between DWI and DUI in Oklahoma is a driver’s BAC. However, additional consequences accompany both convictions in Oklahoma. These consequences carry significant financial and social implications. Both DWI and DUI convictions incur the following:
- An increase in insurance rates and the possibility that an insurance provider will no longer provide you with coverage
- Automatic license suspension with times varying based on the charge
- A criminal record that is visible to the public, potentially impacting employment, educational, and housing opportunities
Working with an Oklahoma DUI defense attorney may help you get either conviction expunged from your record. However, expunging multiple DUIs in Oklahoma is more complex and requires meeting strict legal standards. How much time has passed since a conviction, repeat offenses, and meeting probation requirements plays a role in expunging your record. Ultimately, either sentence is a severe offense and should be approached with experienced legal guidance to minimize the impact on your life.