If you are charged with a DUI vs. DWI in Wagoner it makes a difference. While many states distinguish between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated or Impaired), Oklahoma handles these offenses differently. This article explains how these terms apply in Oklahoma and what they mean for someone facing charges.
Are DUI and DWI In Wagoner County; What The Deal?
In some states, DUI and DWI are separate offenses with distinct definitions. For example:
- DUI often refers to driving under the influence of alcohol or drugs, typically with a blood alcohol concentration (BAC) over the legal limit (0.08% for most drivers).
- DWI may apply to driving while impaired by substances, even if the BAC is below the legal limit.
However, Oklahoma law does not distinguish between DUI and DWI. Instead, Oklahoma uses DUI as the primary term, with additional charges like “Actual Physical Control” (APC) and “Driving While Impaired” (DWI) used in specific circumstances.
Understanding DUI in Oklahoma
A DUI (Driving Under the Influence) charge applies when a driver operates a motor vehicle with a BAC of:
- 0.08% or higher for drivers 21 and older,
- 0.04% or higher for commercial drivers, or
- Any detectable amount of alcohol for drivers under 21, due to Oklahoma’s zero-tolerance policy.
DUI charges also apply to drivers under the influence of drugs (legal or illegal) that impair their ability to safely operate a vehicle.
What is DWI in Oklahoma?
DUI vs. DWI in Wagoner makes DWI (Driving While Impaired) is a lesser charge than DUI. It applies when a driver’s BAC is between 0.05% and 0.07%, which is below the legal limit for DUI. While this level of alcohol may not meet the threshold for a DUI, it can still impair a driver’s ability to operate a vehicle safely, leading to a DWI charge.
DUI vs. DWI in Wagoner Key Differences
| Aspect | DUI | DWI |
|---|---|---|
| BAC Level | 0.08% or higher | 0.05% to 0.07% |
| Penalties | Harsher penalties, including jail time and higher fines | Lighter penalties but still serious consequences |
| Impairment | Evidence of significant impairment | Evidence of slight but noticeable impairment |
| Driver Age | Applies to all drivers | Applies mainly to adult drivers, not minors |
Penalties for DUI vs. DWI in Wagoner
Both DUI and DWI carry serious consequences, but DUI penalties are typically more severe. Here’s what you could face:
DUI Penalties
- First Offense: Up to 1 year in jail, fines up to $1,000, license suspension for 6 months, mandatory alcohol education, and possible ignition interlock device.
- Subsequent Offenses: Increased jail time (up to 10 years), higher fines (up to $5,000), and longer license suspensions.
DWI Penalties
- First Offense: Fines up to $500, up to 6 months in jail, and a license suspension of 30 days.
- Subsequent Offenses: Higher fines, longer jail time, and increased license suspension periods.
How Does Law Enforcement Decide Between DUI and DWI?
Law enforcement determines whether to charge a driver with DUI or DWI based on evidence of impairment and BAC test results. For instance:
- A driver with a BAC of 0.08% or higher will be charged with DUI.
- A driver with a BAC of 0.05% to 0.07% may face a DWI charge if there’s evidence of impaired driving, such as swerving or delayed reaction times.
What Should You Do if Charged with DUI or DWI?
Facing a DUI or DWI charge can be daunting, but there are steps you can take to protect yourself:
- Understand the Charges: Knowing whether you’re charged with DUI or DWI is crucial to understanding the potential consequences.
- Hire an Experienced Attorney: A skilled attorney can analyze the evidence, challenge BAC test results, and negotiate for reduced charges or penalties.
- Follow Legal Procedures: Attend all court hearings, comply with license suspension requirements, and consider enrolling in an alcohol education program.
Free Wagoner County DUI Consultation
The primary difference between DUI vs. DWI in Wagoner County lies in the level of impairment and BAC. While both charges are serious, DUI carries harsher penalties. If you’re facing a DUI or DWI charge, it’s essential to act quickly to protect your rights and build a strong defense. If you have questions about DUI or DWI charges, contact Kania Law Office – Wagoner Attorneys and get a free consultation. Call 283-7394 or click this link to ask a free On Line legal question
