There are laws against drunk driving in every state, including Oklahoma. All states also have a limit for the blood alcohol concentration (BAC) percentage that a driver can have without being automatically considered impaired. In Oklahoma, the limit is .08 percent for people who can legally consume alcohol.
The legal limit is also the per se limit in the state. Once a person has a BAC that meets or exceeds it, they are automatically presumed to be drunk. This doesn’t mean that they don’t have the opportunity to present a defense against the criminal charges. It means that the officer will arrest them for drunk driving.
Per se laws provide a concrete point in which a person is considered drunk. Because alcohol impacts people in different manners, it is important for officers to have this information, so they can react even if a person isn’t showing signs that they are impaired.
There are several options available for a driver who wants to present a defense against BAC results. Challenging the validity of the test results is one option that is sometimes possible. This might be due to the machine not undergoing proper calibration.
You should also remember that people who are under 21 don’t have the same limit for BAC. Instead, they can’t have any alcohol in their system because of the zero-tolerance laws. Defending against these charges can be much more difficult than a pro se case against a person over 21.
It is imperative that you consider all the options you have in your case. A defense strategy must be based on facts, so always be honest with your attorney.