If you are unaware of the difference between DUI and DWI in Oklahoma, you are one of many. In Oklahoma, DUI stands for Driving Under the Influence, while DWI stands for Driving While Impaired. Read further to find out the difference between DUI and DWI in Tahlequah, Oklahoma.
DUI Vs. DWI In Tahlequah, Oklahoma
In Oklahoma, the difference between the two is actually a matter of how high your blood alcohol content (BAC) is at the time you were stopped. If you are over 21 and you get pulled over after drinking and driving, you can, and probably will, be charged with DUI if you are mentally impaired or have a blood alcohol level above .08. If your BAC is above .05 but below .08, you can be charged with DWI, a less serious offense.
The main difference between the DUI and DWI charges is the severity of the punishments. Although both charges will get your license to drive revoked, a DWI charge carries revocation periods that are much shorter than those for a DUI: 30 days on the first offense, six months for the second offense, and one year for the third offense. For a DUI charge, the revocation periods are six months, one year, and three years, respectively.
Usually, drunken driving is a misdemeanor in Tahlequah.
Zero Tolerance For Underage Drinking And Driving
Oklahoma also has a “zero-tolerance” policy in regards to those who are under the legal drinking age and caught driving with alcohol in their system. Since it’s illegal for you to drink period, it’s forbidden for you to drive after drinking any amount of alcohol.
If you are under the legal drinking age of 21 and have any detectable amount of alcohol in your system, even if you are not impaired, you can be charged with DUI Under 21. However, you can still be charged with a regular DUI if your BAC is above .08. The choice is left up to the arresting officer.
The laws are even more strict if you are under the age of 18 and are arrested for any alcohol-related offense, even if you were merely in possession of alcohol and but not driving at the time. Your license to drive could be revoked for between six months and two years, depending on the circumstances and your juvenile record. A Tahlequah attorney can help.
Free Consultation: Tahlequah Criminal Defense Attorney
For a free consultation with a Tahlequah criminal defense attorney, call 918-458-2677 or toll free at 1-888-447-7262.
Or, as always, you may enter a legal question in the form at the top right of this page.