The holidays are a time of merriment, just make sure that certain kinds of it are contained and controlled keeping safety of yourself and all others in mind. Traveling is at an all time high during the the end of the year, New Year’s and the holiday season. In order to provide safety on our roadways, here are some facts and figures so you can throw caution to the wind.
First off, what is the difference between DUI and DWI?
DUI vs DWI
DUI stands for Driving Under the Influence
DWI is Driving While Intoxicated OR Driving While Impaired
Depending on the state you reside in, these terms and definitions can be interchangeable.
In the good ol’ state of Oklahoma, DWI stands for Driving While Impaired and would be defined as drinking and driving with a BAC (Blood Alcohol Content) between .05 and .08%
Driving Under the Influence would be considered as drinking and driving with a BAC higher than .08%
Both would have penalties that would range from fines, license suspension, license revocation to imprisonment.
Please note: Living in the state of Oklahoma, driving a motor vehicle means you already provide implied consent to a police officer if he/she wishes to test you upon suspecting that you are drinking and driving. If you are pulled over by a police officer and refuse to take part in a chemical or breathalyzer test, you may be subject to immediate license revocation or arrest.
As you can see, these implications are not a merry-go-round, it is important to keep in mind that the holidays run a higher risk of drinking and driving, please beware that DUIs are very prevalent.
What is the most deadliest holiday?
The day we became independent from the British Colonies, the Fourth of July! It’s ironic that the day we celebrate independent responsibilities as a nation is the holiday that we are the most irresponsible with drinking.
Top Ten DUI Holidays (For Drunk Driving Collisions)
- Fourth of July
- Labor Day Weekend
- Thanksgiving Weekend
- Christmas Week
- Memorial Day Weekend
- New Year’s Day
- Superbowl Sunday
- New Year’s Eve
- St. Patrick’s Day
There are many distinctions within Oklahoma criminal laws regarding types of charges, penalties and fines. Here are a few key points below.
Types of DUI Charges
DUI: Driving under the influence is a charge filed in the municipal (city) courts and can either be a misdemeanor if it is your first offense (with no one injured and no minors in the vehicle,) or a felony charge if you’ve had a previous APC (see below) or DUI charge. Note: BAC higher than .08%, arrest causes possible license suspension.
It is important to know that when charged with a DUI there is a separation in legal actions. One is a criminal charge for driving under the influence or actual physical control; and the other is civil action, which goes against your driving privileges. These two require separate action be taken as the two agencies are independent from one another and follow different rules as well as have hearings that are held in separate venues.
APC: stands for actual physical control, in Oklahoma the penalties and enhancements are interchangeable with DUI. The difference is that this connotation does not include driving.
DWI: Driving while impaired would incur lower penalties and charges. Note: BAC between .05% and .08%, license suspension would occur only if there is a conviction present.
Aggravated DUI: An aggravated DUI in oklahoma is when you have been driving with a BAC of .15%. These cases would require you install a ignition interlock device on your vehicle in accordance of the Erin Swezey Act. Additional fines and DUI penalties would be tacked on as this would be considered more severe.
What is the penalty for DUIs in Oklahoma?
The following are separated from Administrative and Criminal penalties.
Driving with a BAC between .05% and .08% (or DWI) is license suspension for the
1st offense: 30 days
2nd offense: 6 months
3rd/more offenses: 1 year
Driving with a BAC between .08% or higher (or DUI) is license suspension for the
1st offense: 180 days
2nd offense (with 1 prior DUI/drug revocation in that last 10 years): 1 year
3rd offense (with 2 prior DUI/drug revocation in that last 10 years): 3 years
For those under the 21 years old, driving with any measurable amount of alcohol or refusing test is license suspension for the
1st offense: 6 months
2nd offense: 12 months
3rd/more offenses: 36 months
These would incur in addition to administrative penalties and are dependent on your age, number of convictions, the circumstances, BAC or whether injury or death occurred.
Impaired Driving with BAC of .05% and .08%
Fine between $100-$500
Imprisonment up to 6 months
Conviction with BAC of .08% or higher
1st offense: misdemeanor charge, jail time of 10 days to 1 year and fine up to $1,000
2nd offense in 10 years: felony charge, jail time of 1-5 years and a fine up to $2,500
2nd felony offense: felony charge, jail time of 1-7 years and a fine up to $5,000
3rd/more offenses: felony charge, jail time of 1-10 years and a fine up to $5,000
Is your license suspended immediately after a DUI?
During a DUI, an arrest is what initiates the possibility of your license becoming suspended.
(For a DWI, a conviction would create the reason for a licence suspension.)
After you are placed under arrest, that is when the time starts for the length of your driving privileges. The arresting officer will then provide you with a Notice of Revocation. If the officer has taken your license, he/she will indicate on your copy of the affidavit that it will serve as a temporary driver’s license for a period of 30 days. (The DPS, Department of Public Safety, would be holding your license as the officer will send it to them within 24 hours.) It is up to you to contact DPS and request an administrative license suspension hearing within 15 days of your arrest. Your temporary permit would remain valid until a decision is made by your administrative hearing officer. If a request for a hearing has not been made with DPS within the 15 days, your license will be automatically suspended on the 30th day for a period of no less than 6 months.
There are numerous DUI repercussions and these stresses are ones that you don’t need during the holiday season and leading up to New Years. If ever you are arrested for a DUI, and you require dui bail, please click on the following link for assistance. Please contact us at __PHONE__ and , OK for more questions or concerns.