Driving under the influence (DUI) is a common, but serious charge in Oklahoma. You may be charged with a DUI if you are caught having a blood alcohol concentration (BAC) of .08 or higher within 2 hours of operating a vehicle. Likewise, you may be charged with a DUI if you are caught operating a vehicle and have any amount of Schedule 1 illegal substances in your blood. Furthermore, evidencing a BAC of .15 or higher can be charged with an aggravated DUI and become subject to more punishments.
BAC is determined most often through the use of a breathalyzer but may also be obtained via blood or saliva test. Oklahoma has what are called “implied consent” laws when it comes to consenting to breath or blood charges when a law enforcement officer has reasonable grounds to believe that you may be intoxicated. To put it in another way, when you chose to drive in Oklahoma you are automatically consenting to blowing into a breathalyzer when reasonable. Refusal to consent to a test to determine BAC will result in an immediate suspension of drivers license for at least 180 days and for up to 3 years. Additionally, the person refusing the test will subsequently be forced to install and use an ignition interlock device for years to come. An ignition interlock device can be thought of as a small breathalyzer that you install in your vehicle that required you to blow a BAC under the legal limit before you can start your vehicle. Needless to say, these devices can be an inconvenience and can cost thousands of dollars to install and upkeep.