Oklahoma Alcohol Offenses

Alcohol-related offenses are among the most common in the State of Oklahoma.  The legal consequences for these offenses can be devastating and life-altering (imprisonment, fines, loss of driver’s license, loss of employment, increase in insurance premiums, etc.).  The following is a list of the five (5) most common alcohol offenses (the penalties of which vary depending on prior offenses):

(1) Driving Under the Influence (DUI): This offense occurs when you are stopped for driving and you are either

a. Under the influence of drugs or alcohol OR 

b. Your breath/blood test registers .08% breath/blood alcohol concentration (BAC) or higher OR

c. Your breath/blood test registers .02% BAC or higher (if under 21 years of age) OR

d. You refuse the breath/blood test

Punishment:

1. District Court: Fines up to $1,000.00 and/or one (1) year in county jail.
2. OKC Municipal Court: Fines up to $1,200.00 and/or six (6) months in county jail.

(2) Aggravated DUI: This occurs when you are stopped for driving and your breath/blood test registers .15% BAC or higher.

Punishment:  If convicted, the offender faces up to one (1) year in county jail and/or fines up to $1,000.  In addition, it’s mandatory that ALL offenders (applies to first offenders):

• Complete an in-patient alcohol treatment program for a minimum period of twenty-eight (28) days,
• Complete a one (1) year aftercare probation period,
• Perform 480 hours of community service, and
• Install an interlock device on all vehicles for a minimum of thirty (30) days.

Punishment:

1. District Court: Fines up to $500.00 and/or six (6) months in county jail and courts costs and an alcohol assessment fee.
2. OKC Municipal Court: Fines up to $1,200.00 and/or six (6) months in county jail and court costs and fees.

(4) Actual Physical Control (APC): If you are merely in a vehicle and under the influence you may be charged with APC.

Punishment:

1. District Court: Fines up to $1,000.00 and/or one (1) year in county jail.
2. OKC Municipal Court: Fines up to $1,200.00 and/or six (6) months in county jail.

(5) Consumption/Possession of Alcohol by Minor (CPABM): This offense occurs if you are under twenty-one (21) years of age and consume or possess an alcoholic beverage.

Punishment:

• Revocation of driver’s license up to six (6) months: Any infraction relating to the possession, use, consumption, or purchase of any alcoholic beverage by a minor may result in the revocation of the minor’s driver’s license.
• Alcohol Assessment
• Fines up to $300.00
• Perform up to thirty (30) hours of community service

The Driver’s License Case

We all depend upon our driver’s license for transportation and, for certain occupations, to make a living.  Thus, an arrest and/or conviction for an alcohol offense can make life very difficult.  If you have been arrested and charged with DUI, APC, or CPABM, you face the revocation of your driver’s license (in addition to the criminal case). 

The Department of Public Safety may revoke your driver’s license for a period of six (6) months to three (3) years if:

• Your test registers .08% BAC or higher (or .02% BAC or higher if under 21) OR
• You refuse the test

In order to contest the revocation of your driver’s license, you MUST request a hearing before the Department of Public Safety within fifteen (15) days of your arrest.  If you fail to request this hearing, your license will be automatically suspended thirty (30) days after your arrest and you forfeit your opportunity to contest the revocation. 

Contact the Law Office of Elliott C. Crawford

If you have been arrested for DUI, DWI, APC, or CPABM, it’s vital that you immediately retain an attorney who will fight the State and DPS to ensure that your rights and driver’s license are protected.  Time is of the essence!!  Contact Elliott C. Crawford for your initial consultation.