Even below the legal limit, you can still face criminal charges.
Driving While Impaired (DWI) serves as a lesser-included offense to a standard DUI. A DWI charge is applicable when evidentiary testing reveals a blood or breath alcohol concentration in excess of 0.05 but less than the 0.08 per se DUI threshold. This means a DWI occurs in the limited circumstances of having a .06 or .07 BAC. Unlike a DUI, which implies a total and absolute incapacity to drive safely, a DWI suggests that the driver's abilities were materially degraded but perhaps not entirely absent. A DWI conviction remains a misdemeanor offense and does not independently trigger the severe felony escalation matrix seen in repeat DUI cases. However, it does result in stringent administrative sanctions against the driver's license and requires the payment of significant fines.
DWI is a misdemeanor punishable by a fine of $100 to $500, or up to 6 months in the county jail, or both. Unlike a DUI, a first-offense DWI does not trigger an automatic Department of Public Safety (DPS) license revocation, but the conviction creates a permanent criminal record and triggers a 30 day non-appealable license revocation. Unlike with a DUI, there is currently no enhancement of DWI’s. This means even your 10th DWI is a misdemeanor.
DWI cases rely on marginal BAC readings that are highly susceptible to machine error, improper calibration, and biological variation. We challenge the accuracy of BAC testing, question whether the 15-minute observation period was followed, and examine whether officer observations of "impairment" were consistent and reliable.
We defend driving while impaired cases in courts across northeastern Oklahoma, including state, federal, and tribal jurisdictions.
A DUI arrest does not have to define your future.
Aggravated DUI charges demand an aggressive defense.
A second DUI within 10 years is a felony. The stakes are much higher now.
A third DUI charge demands the most aggressive defense possible to protect your freedom.
A fourth DUI triggers maximum felony penalties. Do not face this without an experienced advocate.
Schedule a free, confidential consultation. A former prosecutor will review your case and outline your best defense options.