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Can You Get A DUI On Private Property?

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Can You Get A DUI On Private Property?

A few years ago you could not be charged with an Oklahoma DUI while on private property, but this law has since changed.

Driving Under the Influence (DUI) in Oklahoma

According to the Oklahoma statute on Driving Under the Influence – 47 O.S. § 11-902 –

“It is unlawful and punishable for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane,” while under the influence of illegal narcotics or with a blood alcohol level in excess of the legal limit (0.08) as defined by the state of Oklahoma.

It is also important to know you can still face penalties even if you test under the 0.08% level. According to Oklahoma law, a person is considered driving while impaired (DWI) if they are driving with a blood alcohol level (BAC) between 0.05% and 0.08%. The BAC level is even lower if you are under the age of 21.

Additionally, you do not even need to be driving the vehicle to be charged with Actual Physical Control, which is equivalent to a DUI. Oklahoma driving laws view any person behind the wheel of a vehicle while intoxicated (whether said vehicle is in motion or parked) as someone driving intoxicated. This means you could be sitting in your car in front of your home looking for your keys, and be charged with a DUI.

Find an Oklahoma DUI Lawyer

If you are charged with a DUI, be it a misdemeanor or a felony, it is crucial you contact a criminal defense attorney, preferably a DUI lawyer with experience in this field of law. Investing in a good criminal defense lawyer will ensure the best possible outcome.

Call David McKenzie Now! 24 hours a day, 7 days a week.

 

Riley W. Mulinix

Written by Riley W. Mulinix

Riley is a member of Mulinix Goerke & Meyer, PLLC, at its Oklahoma City office, but practices all over the State of Oklahoma. He focuses on Expungement & Pardon Advocacy and Criminal Defense, while also effectively assisting clients in Civil Litigation and Business Law matters. He is a member of the Oklahoma Criminal Defense Lawyers Association, National Association of Criminal Defense Lawyers & the National College for DUI Defense (NCDD).




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