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Oklahoma Aggravated DUI

Posted by attorney John Hunsucker

Aggravated Driving Under the Influence (Aggravated DUI)

Oklahoma has a statute making any DUI where the driver has a blood or breath alcohol level of .15 or more an Aggravated DUI. This has no effect on whether your charge is filed as a misdemeanor or felony. In fact, at least one Judge has ruled this statute unconstitutional and as a result, if the charge is filed as an aggravated DUI, the District Attorney will most always amend to a regular DUI charge. This is preferable as Aggravated DUI carries mandatory 28 day alcohol and drug in-patient treatment. Generally, Oklahoma County and Cleveland County do not file this charge but other lawyers will not tell you this as they will try and scare you to justify paying a higher fee.

If you are under the age of twenty-one and have a BAC of .02 or more, you can be charged with DUI Under 21. This charge carries fine and community service only. Moreover, a conviction cannot be used later to enhance a subsequent DUI to a felony. Like all other DUI charges, a conviction will suspend your Oklahoma driving privileges. Be advised though, if you have a BAC of .08 or more, the prosecutor can and most likely will file a regular DUI charge against you.

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