The legal limit for blood alcohol concentration (BAC) in Oklahoma is .08% for non-commercial drivers over the age of 21. This means that if you are found to have a BAC at or above this limit, you will be charged with DUI.
However, if your BAC is excessively high—.15% or higher—the charges against you can be elevated to an aggravated DUI.
The penalties for an aggravated DUI are based on those for a misdemeanor charge, such as six months to one year in jail and a fine of $1,000 or more for a first offense.
The difference with an aggravated DUI is that there will be additional penalties on top of those regularly assessed that may include:
- Minimum of 28 days of in-patient alcohol treatment
- One year of aftercare once released from the treatment facility
- Probation with alcohol monitoring and testing
- Mandatory installation of an ignition interlock device
- 480 hours of community service
Your Driver’s License
An aggravated DUI charge will have potentially serious implications for your driver’s license. As with a standard DUI, this charge will result in two immediate actions taken against your license: administrative and criminal.
You only have 30 days to contest the administrative suspension of your license by requesting an administrative license hearing; otherwise you will lose your driving privileges for up to one year. It is important to understand that this loss of license will be imposed on top of any other license-related penalties you incur if you are found guilty of the criminal aggravated DUI charge.
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