Drunk drivers cause thousands of dollars of damage and severe injuries to Oklahoma residents each year. Their negligence can even take a life and leave a family irrevocably changed. Understanding drunk driving laws in Oklahoma can empower people to make better decisions behind the wheel. It can also help support a case against an impaired driver in Oklahoma court.
What Is the Alcohol Limit for Driving in Oklahoma?
Drunk drivers injure over 2,500 people and kill 220 individuals each year in the state. The responsible party can be charged with either driving while impaired or driving under the influence depending on their blood-alcohol content level at the time of the incident.
Driving while impaired means that a driver had a blood-alcohol content level above 0.5 but below 0.8. Driving under the influence is a charge for any BAC 0.8 or higher.
There are also charges for aggravated driving under the influence, driving while impaired under 21 and child endangerment.
How Officers Determine Drunk Driving in Oklahoma
Oklahoma laws outline legal testing measures for determining alcohol levels in a person’s blood at the time of an accident. If an officer does not perform a test, then the individual can request their own and must arrange and pay for a qualified party to perform the test.
When an officer requests a test beyond a breathalyzer, the sample will be sent to a lab and kept for 60 days. Individuals have that time to request an independent analysis at a lab of their choosing.
A peace officer can also sign a statement that the arrested person consents to having their blood drawn for evidence. The district court can also mandate a blood test; in this case, the hospital will have permission to draw blood without consent from the individual.
Penalties
Drunk drivers can face up to $10,000 in fines and jail time ranging from 10 days to one year. The fees increase and charges become a felony after the second offense. First-time offenders can face up to one year imprisonment and a $1,000 fine.
Individuals who provide alcohol to drivers under age 21 or allow them to operate a vehicle can also be charged. They may face up to five years in prison and a $2,500 fine. They may be charged with a felony if someone is injured or killed due to the underaged driver’s impairment.
What to Do if You Have Been Injured by a Drunk Driver in Oklahoma
Speak with a qualified attorney who can help represent you in court. With their legal support, you can pursue compensation for any injuries, emotional trauma, financial losses that you sustained due to a drunk driver’s negligence. The lawyer can also assist in wrongful death lawsuits for families who have tragically lost a member from a drunk driving accident.
In most cases, the statute of limitations to sue a drunk driver in Oklahoma is two years.
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