Can I Get Jail Time for My DUI in Tulsa?

Although alcohol-related offenses are amongst the most frequent in the state of Oklahoma, most jurisdictions do not have the resources to incarcerate first time offenders. So, first time DUI offenders in Tulsa are rarely sentenced to jail time. However, the severity of the penalty you actually receive will depend primarily on 1) where you were charged, a district or municipal court, 2)  any prior DUI offenses you have on your record and 3) the particulars of your DUI arrest, e.g., did the DUI result in an accident or injury to anyone and how high your blood alcohol level was when you were stopped.

Was Your Tulsa DUI Charged in Municipal or District Court?

In the state of Oklahoma, you can be charged with Driving Under the Influence either in a municipal court or district court. If the arresting officer is a city or municipal offer, the policies of the particular department in which he works will dictate the court in which he will file your charge. If the arresting officer is an Oklahoma Highway Patrolman, you will be charged in the district court.

If you are charged with a DUI in Tulsa in a municipal court, the penalty will range from a solitary fine to a fine and up to six months of jail time. A DUI in Tulsa that is charged in a state district court in Oklahoma will incur penalties ranging from a solitary fine to a fine and up to one year in a county jail.

Have You Had a Previous DUI in Tulsa?

If you have been convicted for a previous DUI in either a municipal or state district court in the previous ten years, you can be charged with felony DUI in Tulsa and face fines of up to $7500 and jail time ranging from one year to twenty years in a state penitentiary.

Did Your DUI in Tulsa Result in an Accident or Injury to Others?

If you have an accident while driving under the influence and cause injuries to another, you can be charged with a felony DUI, whether you have a prior offense or not. If the person or persons injured result in death, you can be charged with Manslaughter and receive as much as a life sentence in a state penitentiary.

How High Was Your Blood Alcohol Level?

Finally, if you are charged with a DUI in Tulsa and your blood alcohol level was .15 or higher, you can be charged with Aggravated DUI, which carries a mandatory 28-day inpatient drug and alcohol treatment. This is regardless of whether your DUI is classified as a misdemeanor or felony, and it is applicable to both first and repeat offenders. While this is not technically a jail sentence, some may still consider it a form of incarceration.

Summary

Driving under the influence is a serious offense in Tulsa and its legal consequences can range from a stiff fine to life imprisonment. If you are a first time offender, you will usually not get any jail time for a DUI in Tulsa. In most other cases, however, whether you get jail time will depend on whether you are charged in a district or municipal court, your prior DUI convictions, whether you were involved in an accident or caused injury to others and your blood alcohol level at the time of your arrest.

If you have been charged with a DUI in Tulsa, it is extremely important that you contact an experienced defense attorney to ensure that you receive fair treatment under Oklahoma state law.