The Oklahoma Aggravated DUI
Oklahoma law includes a criminal charge for aggravated driving under the influence, which carries additional penalties and fines to a standard DUI charge. You may be charged with an aggravated DUI if your breath or blood test shows a blood alcohol concentration of 0.15 or more.
Like the standard DUI charge, aggravated DUI is a misdemeanor punishable by ten days to one year in jail for a first offense and a fine of up to $1,000 if the case is pursued in state court. 47 O.S. § 11-902(C). In addition, a person convicted of an aggravated DUI will be sentenced to one year of drug/alcohol testing at his own expense and will be required to use an ignition interlock device for at least 90 days. 47 O.S. § 11-902(D). Further, you must participate in an alcohol and drug substance abuse evaluation and assessment at your own expense. 47 O.S. § 11-902(G). You also may be ordered to attend a victim impact panel or complete other requirements if convicted or if serving a deferred or suspended sentence.
If the aggravated DUI is a second or third offense, additional jail time, fines, in-patient treatment requirements, and/or community service time likely will be imposed. For a case pursued in municipal court, in which the penalties are slightly different, you may face up to six months in jail and a fine of up to $1,200, plus additional penalties.
Notably, the state statute specifies that additional penalties for aggravated DUI will be imposed if you are convicted of the crime. If you receive a deferred sentence, meaning that no conviction will appear on your record if you comply with regular alcohol testing or other requirements, most judges will not impose the additional aggravated DUI penalties. Further, you should be aware that if you complete an alcohol evaluation and assessment as required by 47 O.S. § 11-902 and the results show that you do not need to complete an in-patient program, prosecutors may agree to reduce your penalties down to those imposed for a standard DUI conviction.
The same driver’s license administrative hearing and license restriction procedures apply for aggravated DUI charges and convictions as for standard DUIs. As a result, you should seek legal help as soon as possible after your arrest so that you can take advantage of the administrative hearing procedure and begin exploring your options for defense and a possible deferred or suspended sentence.
Have you been charged with an aggravated DUI in Oklahoma? 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, can advise you on the additional penalties you may face if convicted. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.