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Over-Serving Alcohol: Is It a Crime in Oklahoma?

Over-Serving Alcohol: Is It a Crime in Oklahoma?

In Oklahoma, over-serving alcohol to intoxicated people is a crime that could result in felony charges. Law enforcement and prosecutors charge bartenders with this crime fairly frequently. Often charges result when an intoxicated person leaves the bar and drives drunk or is hit by cars. Currently, two different Oklahoma laws prohibit over-serving. One law makes it a misdemeanor for retail establishments that can sell low-point beer (beer with a low alcohol content) to knowingly and willfully sell low-point beer to an intoxicated person. 37 O.S. § 37-247. Agents and employees of the retail establishment can be prosecuted, as well as the...

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Can I Be Convicted of DUI After Taking a Legally Prescribed Drug?

Can I Be Convicted of DUI After Taking a Legally Prescribed Drug?

In Oklahoma, the fact that a drug is legally prescribed is not a defense to a charge of driving under the influence. Just because your doctor prescribed you a medication does not mean that you cannot be considered legally intoxicated while using it. However, determining whether you were incapable of safely operating a motor vehicle is more difficult than when only alcohol is involved. The DUI laws in Oklahoma include prohibitions against driving while “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. §...

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