First-time DUI offenders are rarely sentenced to jail time in Oklahoma. Nonetheless, whether or not you receive jail time for a DUI in Tahlequah, Oklahoma will depend on a number of different factors, primarily:
- Where you were charged, a district or municipal court;
- Prior DUI offenses you have on your record;
- Did the DUI result in an accident or injury to anyone;
- How high your blood alcohol level was when you were stopped; and
- Whether you submitted to having your blood alcohol tested.
Where You Were Charged For Your DUI in Tahlequah
Firstly, in the state of Oklahoma, the possible fines or jail time you receive for a DUI conviction depends on the court in which you were charged.
If you were charged in a municipal court, the penalty will range from just a fine to as much as six months in jail.
If you were charged in a state or district court, the penalty will range from a fine to as much as a year in jail.
Previous DUI in Tahlequah, Oklahoma
If you have had any other DUI conviction in the 10 years prior to your current arrest, your DUI will be charged as a felony. You will face one to five years in prison and a fine of up to $10,000.
Accident or Injury to Others in a Tahlequah DUI
If your DUI in Tahlequah results in an accident or injury to others, it will be charged as a felony. You will face 1 to 10 years in prison and a fine of up to $5,000.
If your DUI results in someone’s death, you can be charged with manslaughter or murder in the second degree. You will face 5 to 20 years in prison and a fine of up to $10,000.
Your Blood Alcohol Level During a Tahlequah DUI Arrest
If your blood alcohol content (BAC) was more than .15 and you were charged in a state or district court, the charge may be elevated to Aggravated DUI. This crime requires 28 days of inpatient drug and alcohol treatment, even for first-time offenders. Though the treatment program is not technically a jail sentence, it does mean a certain loss of freedom for a mandatory amount of time.
Failure to Submit to a Blood Alcohol Test in Tahlequah
According to Oklahoma law, anyone who drives on Oklahoma roads and highways automatically consents to having their blood alcohol content tested. This is in order to ensure that motorists are not driving under the influence of alcohol or other substances that might impair their ability to drive responsibly.
If you refuse to submit to having your blood alcohol content tested, you will be required to serve a minimum amount of time in a county jail. The amount of time you will be required to serve will depend on how many prior DUI offenses you have on your record. The requirements are 5 days in jail for a first offense and 10 days in jail for a second or third offense.
For more information on the possible penalties for a DUI in Tahlequah, consult with a Tahlequah DUI attorney.
Free Consultation: Tahlequah Criminal Defense Lawyer
If you or someone you know is facing a criminal charge, please contact a Tahlequah criminal defense lawyer to discuss your available legal options.
For a free consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.
Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll contact you by e-mail as soon as possible.