DWI and DUI in Oklahoma
Get Legal Help Today
Secured with SHA-256 Encryption
DWI and DUI in Oklahoma
What is the difference if you are charged with a DWI rather than a DUI in Oklahoma?
Asked on June 21, 2009 under Criminal Law, Oklahoma
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Oklahoma DUI charges may be filed on either of two theories. First, Oklahoma DUI will be filed if someone is driving while under the influence of alcohol and/or drugs. The consideration of whether or not someone is "under the influence" for purposes of Oklahoma DUI laws relates to whether or not the person's driving abilities have been legally impaired by the consumption of alcohol or drugs. Oklahoma DUI charges can also be brought against someone based purely on body chemistry, no matter how well they are driving. Oklahoma, like many other states, has a "per se" law, which means that it is a violation of Oklahoma DUI law to drive with a blood or breath alcohol level of .08% BAC or more.
In other words, under the first theory of Oklahoma DUI prosecution, the focus is on the condition of the driver, and whether or not they areable to drive with the caution characterisitc of a sober person. Under the second theory of Oklahoma DUI prosecution, the focus is not on the driver, but only on the driver’s body chemistry.
Oklahoma DWI refers to the charge of Driving While Impaired by alcohol, not Driving While Intoxicated. Oklahoma DWI is charged against the driver who has an alcohol level below .08% BAC. Oklahoma DWI charges carry lesser punishment than Oklahoma DUI charges.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.