Oklahomans under 21 years old face stiff consequences for driving under the influence of alcohol and being convicted of a DUI. Since laws differ significantly for underage DUIs from DUIs for people over 21, this article explores some of the key information an underage person facing a DUI charge should know.
In Oklahoma, as in the rest of the United States, it is illegal for persons under age 21 to purchase or consume alcohol. As a result, Oklahoma law makes it illegal for a person under 21 to have “any measureable quantity of alcohol in the person’s blood or breath” within two hours of arrest. 47 O.S. § 11-906.4. Being under the influence of another intoxicating substance is also illegal.
“Any measurable quantity” usually means less than 0.02 alcohol concentration, rather than the 0.08 or higher alcohol concentration considered in DUIs for people over 21. However, the way the law is written effectively makes it a zero tolerance policy. As a result, various physical and environmental factors that affect breath test results become even more crucial to examine for underage drivers because the amount of alcohol that must be present for a conviction is so small.
Underage drivers convicted of DUI face some combination of a fine, community service, or a treatment program as determined by the sentencing judge, for a first offense. For a second or third offense, they face many more hours of community service, installation of an ignition interlock device, and fines or treatment program attendance. 47 O.S. § 11-906.4. Like for DUI convictions for people over 21, they will face revocation, cancellation, or denial of driving privileges. For a first offense, the driver’s license will be suspended for 6 months, for a second offense, 12 months, and for a third offense, 36 months.
Most importantly, underage drivers with a blood alcohol concentration over 0.08 will face the same consequences as a person over the age of 21, including jail time and increased fines.
If you need representation in an Oklahoma court for an underage DUI charge, seek out the attorney who teaches other attorneys and law enforcement about sobriety testing techniques. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, 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.