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ignition interlock Tag

05 October
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Alcohol Ankle Monitors: Are They Legal and How Do They Work?

Posted by Clint
in Blog
Alcohol Ankle Monitors: Are They Legal and How Do They Work?

Similar to ignition interlock devices, alcohol ankle monitors help courts keep an eye on people who committed DUIs. You may wonder if they are legal in Oklahoma, and how they work. If an ankle monitor could be part of your DUI sentence, you probably have many questions. Is an alcohol monitoring bracelet legal in Oklahoma? The laws in Oklahoma do not specifically mention alcohol ankle monitors or bracelets. However, use of these devices has become increasingly popular. In the past, the court could order that a person convicted of DUI not consume any alcohol. To enforce the court order, a parole officer...

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30 April
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The Erin Swezey Act and Ignition Interlock Devices

Posted by Clint
in Blog
The Erin Swezey Act and Ignition Interlock Devices

The Erin Swezey Act imposes strict penalties requiring ignition interlock devices for people convicted of driving under the influence. The Act went into effect in 2011 and is named after an Oklahoman killed by a drunk driver. An ignition interlock device prevents a driver who has consumed a certain detectable level of alcohol from operating a motor vehicle. Generally, the devices have a small spout that drivers blow into and a screen shows whether the driver has exceeded the blood alcohol limit. If so, the driver cannot start the car. Usually there is a waiting period before the driver can try...

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28 March
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New Report Recommends 0.05 BAC Limit

Posted by Clint
in Blog

A new report encourages states to adopt a 0.05 blood alcohol concentration limit for drivers accused of driving under the influence. In a study sponsored by the National Highway Traffic Safety Administration, a non-profit group called the National Academies of Sciences, Engineering, and Medicine examined drunk driving fatalities over the past 30 years and the costs associated with enforcement of DUI laws. The National Academies concluded that lowering the BAC limit – making it easier for drivers to be arrested – and changing a host of strategies for combatting drunk driving would lower fatalities. This latest report is far from the...

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09 October
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New Oklahoma Law Alters License Revocation Process, Makes Breath Test Refusal Illegal

Posted by Clint
in Blog
New Oklahoma Law Alters License Revocation Process, Makes Breath Test Refusal Illegal

A sweeping new Oklahoma law will substantially affect the rights of drivers arrested on DUI charges. In early June, Oklahoma Governor Mary Fallin signed the law and then quickly issued an executive order that contradicts some of the law’s provisions. Now a lawsuit questions its constitutionality and critics warn of future problems for those charged with DUI. The new law, referred to as Senate Bill 643, makes three important changes to existing law. First, it will be illegal for drivers suspected of driving under the influence to refuse a breath test. Breath test refusal will be a misdemeanor, punishable by a...

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21 August
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Oklahoma’s Penalties for Repeat DUI Offenders

Posted by Clint
in Blog
Oklahoma's Penalties for Repeat DUI Offenders

Repeat DUI offenders face additional penalties and prison time in Oklahoma. A second or third offense can result in many years in prison along with treatment and community service. See 47 O.S. § 11-902. This article explains what you can expect. Second Offense                        If you commit a second DUI within 10 years of completing a previous DUI sentence or while you are on probation, you will be charged with a felony and may face one to five years in prison, a $2,500 fine, substance abuse assessment and evaluation, and/or driver’s license revocation. If your previous DUI was within five years, your...

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07 August
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The Oklahoma Aggravated DUI

Posted by Clint
in Blog
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...

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