What Is a DWI in Oklahoma, and Is It Different from a DUI?
People throw around the terms “DUI” and “DWI” frequently when talking about drinking and driving. But is there a difference between a DUI and a DWI in Oklahoma, and what do those terms mean?
DUI means driving under the influence of an intoxicating or impairing substance. DWI means driving while intoxicated or driving while impaired. Sometimes people use DUI to refer to alcohol intoxication, while they use DWI to refer to being under the influence of drugs or other substances. In Oklahoma, these two terms are often used interchangeably. Some people use DUI to refer to a “per se” drunk driving charge under 47 O.S. § 11-902, while using DWI to refer to an “impaired” charge under 47 O.S. § 761.
In Oklahoma, it is unlawful to operate a motor vehicle while under the influence of alcohol, or “under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle”. 47 O.S. § 11-902. The statute also prohibits driving under the combined influence of alcohol and another intoxicating substance or under the influence of a Schedule I controlled substance. This statute is sometimes referred to as a “per se” statute, meaning if you blow a 0.08 or above, you will be charged with DUI. Unlike for alcohol, the language does not include an amount of intoxicating substances that must be in your system.
The legal limit for alcohol consumption under 47 O.S. § 11-902 is 0.08% blood alcohol concentration, meaning a level of 0.08 grams of pure alcohol per 100 milliliters of the person’s blood. If a breath or blood test shows that your BAC is at or above this limit and you have been driving, you probably will be charged with violation of this statute. The limit for intoxicating substances is much more ill-defined.
Oklahoma law enforcement also may charge drivers who have a BAC of 0.05 to 0.07 with a violation of 47 O.S. § 761, sometimes called an “impaired” or DWI charge. The statute does not explicitly state the BAC range that must be found, instead referring to “impaired” driving, and it applies to driving while impaired by intoxicating substances as well. Like 47 O.S. § 11-902, the statute does not define the amount of intoxicating substances that must be in your system. Violation of this statute carries lighter penalties than a “per se” violation, including a fine from $100-500 or six months in jail.
In short, people use the terms DUI and DWI in confusing ways, so it is important to clarify which type of charge is meant and which statute is being used.
Have you been charged with a DUI in Oklahoma? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, uses his trial experience and expert-level knowledge of DUI science to defend drivers. He has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.