In Oklahoma, the statute that applies to somebody under 21 who is accused of DUI or being in actual physical control (APC) of a motor vehicle while under the influence is 47 OS § 11-906.4. It states that it’s unlawful for any person under 21 years old to drive, operate, or be in actual physical control of a motor vehicle in Oklahoma who:
- has any measurable quantity of alcohol in their blood or breath at the time of a test administered within two hours of the arrest
- exhibits evidence of being under the influence of any other intoxicating substance as shown by analysis of a specimen from the person’s blood, breath, saliva, or urine; or
- exhibits evidence of the combined influence of alcohol and any other intoxicating substance.
“Any measurable quantity” is defined as a blood alcohol content (BAC) of .02 or more.
What Are The Fines And Consequences Associated With An Underage DUI Charge?
If somebody is under 21 and they’re arrested for DUI, it’s much more preferable to be charged with DUI under 21 than it is to receive a regular DUI charge. This is because the underage DUI charge is not an “enhanceable” offense. A plea of guilt or a conviction for underage DUI can’t be used to enhance a subsequent arrest for DUI to a felony.
A first conviction for DUI underage will result in a fine of not less than $100, nor more than $500, assignment to and completion of 20 hours of community service, and requiring attendance and completion of a treatment program; or, any combination of fine, community service, or treatment.
A second conviction for underage DUI will result in assignment to and completion of not less than 240 hours of community service, and the requirement after conclusion of the mandatory revocation period to install an ignition interlock device in the car for a period of not less than 30 days. In addition, a second conviction may be punished by a fine of not less than $100, nor more than $1,000, or by requiring the person to attend and complete a treatment program.
Upon a third or subsequent conviction of underage DUI, the individual will have to do at least 480 hours of community service and install an ignition interlock device on your vehicle for a period of at least 30 days. In addition, a third or subsequent conviction may be punished by a fine of $100 to $2,000, or by requiring the person to attend and complete a treatment program.
In addition to a penalty imposed by this section, the person will be subject to additional punishments relating to the privilege to drive. The first conviction results in cancellation or denial or driving privileges as ordered by the court, mandatory revocation of driving privileges as part of the DPS rules, and the continued installation of an interlock device(s) at the expense of the person, as provided for in other statutes. For a second conviction, the individual will be subject to the cancellation or denial of driving privileges, mandatory revocation of driving privileges, an assessment of the degree of alcohol abuse, and the continued installation of an interlock device. On a third or subsequent conviction, the individual will additionally be subject to the cancellation of driving privileges, mandatory revocation of driving privileges, an assessment of the person’s degree of alcohol abuse, and the continued installation of an ignition interlock device after a mandatory period of cancellation, denial, or revocation.
Are There Any Alternative Programs For Drivers Under The Age Of 21 Charged With A DUI?
It’s possible to get a deferred sentence. If somebody pleads to a deferred sentence, that means he or she plead guilty and has a probationary period with probationary terms. If the individual completes that probationary period without committing anymore crimes and complies with the terms and other requirements of probation, then the case can get dismissed. DUI court is also an option. However, that is typically for people who have multiple DUI charges. Hopefully someone under 21 is not already at the point where they are eligible for DUI court.
47 OS § 11-906.4 – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=380305
For more information on Underage DUI Charges in Oklahoma, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.