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Sat, Jul 04 2009 

Published: December 31, 2008 11:00 am    print this story   comment on this story  

Testing luck could mean big fine

John Walker
The Duncan Banner

DUNCAN Although most know that drinking and driving are illegal, some decide to test their luck and drive home anyway after a few drinks.

For some people, that choice with fate will result in a tragic death that should have been avoided. For others, they are pulled over by the police, thrown in jail overnight and criminal charges pressed against them.

With the onset of the New Year celebrations set to start throughout the country, state and local law enforcement will be on heightened alert for drunken drivers in the Stephens County area.

Not only is prison time possible for anyone convicted of driving under the influence (DUI), but there are some other consequences that aren’t as well known.

For example, the Department of Public Safety (DPS) will revoke anyone’s driver’s license for a period of time for each DUI.

Barbara Steinman, who works with DPS reports, wrote in an e-mail to The Banner that for the first DUI offense, the license is suspended for six months, the second offense is for a year and the third and subsequent offenses are for three years.

While this may be an unknown negative, what is even less known is the financial costs for being convicted of a DUI.

Steinman sent an updated version of the DPS Driver’s Manual, which estimated that each DUI in Oklahoma could cost up to $19,005.50, once all the direct and indirect costs are added up.

In order to be convicted of DUI, the blood alcohol content level must be 0.08 or above. If the blood alcohol content level is under 0.14, then the individual will be charged with a misdemeanor DUI. A conviction will bring punishment of up to a year in jail and a $1,000 fine.

If the blood alcohol content is 0.15 or greater, however, that person may be charged with an aggravated DUI, which carries a stiffer possible penalty than a simple DUI, Assistant District Attorney Carrie Hixon said.

If that person is convicted of a second DUI within 10 years after the first conviction, that person will have committed a felony, which carries even stiffer penalties, she said.

“The punishment gradually goes up,” Hixon said.

The maximum penalty for a subsequent DUI is 10 years in prison and a $5,000 fine.

People convicted of aggravated DUI, must install an ignition interlock device on any vehicle that they drive for a minimum of 30 days. Before starting the vehicle, the driver must breathe on the device, which will then allow the vehicle to be started if there is no trace of alcohol on the driver’s breath, Hixon said.

Hixon said she believes it’s even a violation to leave a vehicle with an ignition interlock device running idly for a period of time.

“We don’t want someone to start a car, get drunk and then get back into their vehicle to drive,” she said.

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