Driving under the influence (DUI) in Oklahoma is a serious offense, particularly when escalated to an aggravated DUI due to excessively high blood alcohol content (BAC). Understanding the gravity of an aggravated DUI in Oklahoma, its implications, and the crucial role expert legal representation plays in the outcome is critical for anyone facing charges like this.
What is an Aggravated DUI in Oklahoma?
In Oklahoma, a DUI charge is elevated to an aggravated DUI when the driver’s blood alcohol content (BAC) is 0.15% or higher. This level is nearly double the standard legal limit of 0.08%, which, according to the law, shows significant impairment and a disregard for public safety. The state imposes stricter penalties on aggravated DUIs to deter this behavior and reduce the risk of serious accidents.
An aggravated DUI charge can occur under a wide range of scenarios—most commonly when a driver is stopped for erratic or reckless driving and then tested for alcohol. For instance, a driver speeding well over the limit (or involved in a collision) might be subjected to a breathalyzer test revealing a BAC above the “aggravated” threshold. Such cases clearly demonstrate a higher level of risk to both the driver and the public.
Possible Sentences and Consequences
The penalties for an aggravated DUI are intentionally severe to reflect the serious nature of the offense.
They include:
- Mandatory minimum jail time: Offenders are typically required to serve at least 48 hours in jail, with the potential for much longer sentences depending on the case specifics and any previous offenses.
- Substantial fines: Fines for an aggravated DUI can exceed $1,000—and that’s on top of the usual legal fees and other financial burdens like increased insurance rates.
- Extended license suspension: The duration of a license suspension is longer than standard DUIs, which can possibly affect employment.
- Alcohol education and treatment programs: Completion of these programs is mandatory. They aim to rehabilitate an offender but also add to the overall financial and time commitments.
- Installation of an ignition interlock device: This device requires the driver to perform a breathalyzer test before the vehicle can start, serving as a continuous check on the individual’s sobriety. Again, the offender may have to cover the costs of the device.
What to Expect During the Legal Process
The legal process for an aggravated DUI starts with the arrest and booking, followed by an arraignment where charges are formally presented. Here, the defendant will plead guilty or not guilty.
Given the complexity and the stakes of aggravated DUI proceedings, navigating the legal process without the help of an experienced attorney can risk increasing the severity of the outcome, including sentencing. That’s why immediate action is crucial when charged with an aggravated DUI.
Here are the steps to take, if charged:
- Consult with a knowledgeable DUI attorney: Understanding the charges against you and the potential defenses is always the first and most important step.
- Discuss possible defense strategies: This might include questioning the accuracy of the BAC reading or the legality of the traffic stop.
- Consider plea bargains: In some cases, your attorney might negotiate a plea deal that could lessen the penalties or change the charges.
The Legal Expertise You Need for Your Case
Overman Legal Group brings seasoned expertise in handling DUI cases in Oklahoma, including aggravated DUI charges. Our legal team is dedicated to aggressive defense strategies that protect our client’s rights and seek to mitigate the consequences of their charges. With a deep understanding of both the law and intricacies of the local court system, we are well-equipped to challenge the prosecution’s case and advocate for our clients.
Facing an aggravated DUI charge is a serious situation that can impact all areas of your life, from your personal freedom to your financial stability. With Overman Legal Group, you get a partner who will fight for the best outcome possible and support you every step of the way.
If you’re dealing with an aggravated DUI, get the competent legal representation you need—it’s a decision that will make all the difference in the outcome of your case.
