In Tahlequah and across Oklahoma, Driving Under the Influence (DUI) is a serious criminal offense that carries lasting legal and personal consequences. If you’re arrested for DUI, it’s important to understand what the charge means, how Oklahoma law defines it, and what to expect as your case moves through the court system.
How Oklahoma Defines DUI
Under Oklahoma law, you can be charged with DUI if you operate a motor vehicle while:
- Having a blood alcohol concentration (BAC) of 0.08% or more
- Being under the influence of alcohol or any intoxicating substance, including illegal drugs, prescription medications, or a combination of substances
- Being under the influence of any amount of a Schedule I controlled substance, as confirmed by a blood or urine test
Oklahoma also has a zero-tolerance law for drivers under 21, making it illegal for them to operate a vehicle with any measurable amount of alcohol in their system. Oklahoma’s Implied Consent Law means that by driving on public roads, you agree to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. If you refuse testing, DPS can suspend your license for up to 180 days or longer, even if you’re not convicted in court.
DUI vs. DWI in Tahlequah
While DUI is the more common term, Oklahoma also recognizes Driving While Impaired (DWI). A DWI charge typically applies when a driver’s BAC is between 0.05% and 0.08%. This is a less serious charge than DUI but can still result in fines, community service, and a mark on your driving record.
Penalties for a DUI Conviction
DUI penalties in Tahlequah vary depending on whether it’s a first offense or a repeat offense:
First DUI Offense (Misdemeanor)
- Up to 1 year in jail
- Fines up to $1,000
- Mandatory drug and alcohol assessment
- License suspension
- Probation, community service, and/or DUI school
Second DUI Offense (Within 10 Years)
- Classified as a felony
- 1 to 5 years in prison
- Fines up to $2,500
- Extended license suspension or revocation
- Mandatory treatment programs
Subsequent offenses carry even harsher penalties, including longer prison terms and permanent license revocation.
Driver’s License Consequences
After a DUI arrest, the Oklahoma Department of Public Safety (DPS) may suspend your driver’s license independently of the criminal court case. You only have a limited window (30 days) to request an administrative hearing to contest the suspension. Failing to act in time will result in an automatic loss of driving privileges.
What Happens After a DUI Arrest in Tahlequah?
After an arrest, your case will then proceed through the local Cherokee County District Court. You’ll first appear at an arraignment, where the court will read the charges, and you’ll enter a plea. Depending on the facts, your defense attorney may:
- Challenge the legality of the traffic stop or arrest
- Contest the accuracy of breath or blood test results
- Seek reduced charges or alternative sentencing through plea negotiation
- Prepare for trial if necessary
Tahlequah DUI Defense Attorneys
We understand what’s at stake after a DUI arrest in Tahlequah. Our experienced DUI lawyers know how to navigate the Oklahoma court system, build strong defenses, and pursue the best possible outcome for your case. For a free and confidential consultation with one of the DUI Lawyers at Tahlequah Lawyers call 539-867-2321. Or follow this link to ask an online legal question.