Monday, May 11, 2009

Oklahoma DUI Penalties

DUI PENALTIES

If you are charged with DUI (driving under the influence) or APC (actual physical control) in Oklahoma, your charge may be filed in either city court or state court. If your charge is filed in city court, the DUI penalties will vary depending on the jurisdiction. Most municipalities have DUI penalties that carry up to 30, 60, or 90 days in the city jail. Oklahoma City and Tulsa municipal courts carry up to 180 days in their jails. The fines in Oklahoma City and Tulsa municipal courts are up to $1200.00. while the other municipal courts carry fines up to $750.00.

If you were charged with DUI or APC in the District (also called the State) Court, then the penalty is set by state statute. A misdemeanor DUI or APC carries 10 days to one year in the county jail and/or up to a $1000.00. State statutes also provide for additional sentencing options to include a victim’s compensation assessment (VCA) of up to $5000.00, community service hours, and installation of an ignition interlock device on your vehicle. Although the VCA is mandatory, it is generally under $500.00 and the other sentencing options are not mandatory and may not be required.

If you have had a prior conviction for DUI or APC within the previous ten years from a court of record, you may be charged with a felony. This is explained in more detail in other entries in this blog. If it is your first felony DUI or felony APC, the penalty range is a minimum of one year to a maximum of five years in the state penitentiary and/or a fine of up to $2500.00.

If your charge is your second felony DUI charge (one prior felony DUI/APC conviction), then the punishment range increases to a minimum of one year to a maximum of seven years in the state penitentiary and/or a fine of up to $5000.00. If it is your third felony charge (two prior felony DUI/APC convictions), the punishment range is a minimum of one year and a maximum of 10 years in the state penitentiary and/or a fine of up to $7500.00.

Even if your case is horrible, there are other options beside jail. Our statutes provide for treatment options, deferred sentences, suspended sentences, community sentencing, and DUI Court programs. Any one or combination of these options can result in no jail time and in some circumstances.....no conviction. Some of these options requires action as soon as possible so it is important to contact Bruce Edge or John Hunsucker as soon as possible so we can form a successful strategy for you.

No comments:

Post a Comment