The Difference Between DUI And DWI In Tahlequah, Oklahoma

Mar 26, 2018

Welcome to the comprehensive guide on the difference between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) charges in Tahlequah, Oklahoma. If you are looking for expert legal advice and representation in DUI and DWI cases, you have come to the right place.

Understanding DUI and DWI Offenses

While DUI and DWI are commonly used interchangeably, they actually have distinct legal definitions and consequences. In Tahlequah, Oklahoma, both offenses pertain to driving under the influence of alcohol or drugs, but there are specific variations that set them apart.

What is DUI?

DUI refers to driving under the influence of alcohol or drugs with a blood alcohol concentration (BAC) level below the legal limit set by the state. In Tahlequah, Oklahoma, the legal limit for DUI is typically defined as a BAC of 0.08%. However, it is important to note that individuals under the age of 21 may face DUI charges even with a BAC lower than the legal limit, as any amount of alcohol in their system while operating a motor vehicle is considered illegal.

When charged with DUI in Tahlequah, individuals may face penalties such as license suspension, fines, mandatory rehabilitation programs, and probation. The severity of the consequences may depend on various factors, including previous offenses, BAC level, and whether there was any harm caused to others or property.

What is DWI?

DWI, on the other hand, stands for driving while intoxicated. In Tahlequah, Oklahoma, a driver can be charged with DWI if their BAC level exceeds the legal limit of 0.08% or if they are deemed to be impaired by drugs. DWI is considered a more serious offense compared to DUI, as it involves higher BAC levels or being under the influence of drugs that significantly impair driving abilities.

Individuals convicted of DWI in Tahlequah may face harsh penalties, including hefty fines, license suspension, mandatory alcohol/drug education programs, community service, probation, and even imprisonment. The severity of the punishment depends on factors such as prior convictions, BAC level, and any resulting injuries or property damage.

The Legal Process for DUI and DWI Charges

If you have been charged with a DUI or DWI in Tahlequah, it is crucial to understand the legal process involved. Here's a brief overview of what you can expect:

Arrest and Booking

When arrested for DUI or DWI, you will be taken into custody and booked at a local police station. This involves fingerprinting, recording personal information, and taking a mugshot.


After being booked, you will be brought before a judge for an arraignment. During this hearing, you will be informed of the charges against you and asked to enter a plea (guilty, not guilty, or no contest).

Evidence and Investigation

Following the arraignment, the prosecution and defense will engage in the legal process of collecting evidence, conducting investigations, and building their respective cases. This may involve gathering witness statements, obtaining surveillance footage, and analyzing breathalyzer or blood test results.

Motions and Pretrial Hearings

Before the trial, both the prosecution and defense may file motions to suppress evidence, challenge the admissibility of certain information, or request dismissals. Pretrial hearings may be held to address these motions and resolve any outstanding legal issues.


If your case proceeds to trial, it will be presented before a judge or jury, and both sides will have the opportunity to present their evidence and arguments. The ultimate decision will rest with the judge or jury, based on the presented evidence and legal arguments.


If found guilty of DUI or DWI, the judge will determine the appropriate sentence. This can include fines, license suspension, mandatory rehabilitation programs, probation, community service, or imprisonment based on the severity of the offense and any previous convictions.

Why Choose John P. Bennett, Attorney at Law?

When facing DUI or DWI charges in Tahlequah, Oklahoma, having a knowledgeable and experienced attorney by your side can make a significant difference in the outcome of your case. At John P. Bennett, Attorney at Law, we specialize in DUI and DWI defense and provide personalized legal representation tailored to your unique situation.

With a deep understanding of Oklahoma's DUI and DWI laws, we have successfully helped numerous clients navigate the complex legal process and achieve favorable outcomes. Our dedicated team will meticulously review the details of your case, analyze the evidence, and build a strong defense strategy to protect your rights.

At John P. Bennett, Attorney at Law, we believe in providing compassionate and professional legal services. We will guide you through every step of the legal process, explain your options clearly, and vigorously advocate for your best interests.

Contact Us Today

If you are in need of expert legal assistance for DUI or DWI charges in Tahlequah, Oklahoma, contact John P. Bennett, Attorney at Law. Take the first step towards a strong defense by scheduling a consultation with our experienced legal team. We are dedicated to fighting for your rights and securing the best possible outcome in your DUI or DWI case.

Don't let DUI or DWI charges define your future. Contact us now and let us navigate the complexities of the legal system for you.

Wjndqioa Wjndqioa
Helped me clear up confusion!
Nov 11, 2023
Kane Hancock
Great article, very informative and useful for understanding the differences!
Oct 18, 2023