Social Host Law is also known as Cody’s Law. The law was passed by community efforts after SOONER STAT Oklahoma’s the tragic loss of a teenager to overdose on substances provided by adults at a party. What are Oklahoma’s laws on alcohol that I should know about?
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Good question! When prohibition was repealed in 1933, Congress gave states the power to regulate alcohol. This has led to widely different alcohol laws from state to state. Whether you are from Oklahoma or not, it’s a good idea to educate yourself on Oklahoma’s alcohol laws. First, let’s talk about laws regarding alcohol and driving for those over 21: Driving While Impaired (DWI): If you have a blood alcohol concentration in excess of five-hundredths (0.05) but less than eight-hundredths (0.08), you can be charged with a DWI. There must be evidence that your ability to operate your vehicle was affected by alcohol to the extent that public health and safety were threatened. DWIs are misdemeanors and can come with up to 6 months in jail and up to a $500 fine, license suspension and required participation in an alcohol and drug assessment. Driving Under the Influence (DUI): If you have a blood alcohol concentration in excess of eight-hundredths (0.08), you can be charged with a DUI. The first offense is a misdemeanor, and a second offense is a felony. The range of punishment includes jail time, fines, license revocation and requirements for alcohol and drug assessment and treatment. If you’re charged with a DUI, you will likely have to get legal representation and after it’s all said and done, you could spend over $10,000 on your regrettable choice to drive while under the influence. Play it safe and choose not to overdrink; or not to drive if you have. Actual Physical Control (APC): Let’s say you’ve had too much to drink, and instead of driving home, you take a nap in the front seat of your car. Well, you could be charged with “Actual Physical Control”, which is like a DUI, but where you are not actually driving the car. The theory behind APC is that you could start the car and drive away at any time. In this scenario, you must have a BAC of 0.08 or more at. So, it’s best to just get a safe ride home. Now, how do these laws apply to you if you are under 21? If you have “any measurable quantity” (BAC of 0.02 or more) of alcohol, you can be arrested and charged for a DUI. You can be charged for an “underage DUI”, but you’ll likely be charged with the same DUI offense as someone over 21. The “underage DUI” charge is not “enhanceable”, meaning a second DUI charge can’t be enhanced to a felony. The “underage DUI” comes with fines, community service and completion of an alcohol/drug assessment and treatment program. This Red Cup Q&A is written by Charlene Shreder, MPS, ICPS, Chloe Sanders, LCSW, and Mackee Slattery, BSW from OU OUtreach Southwest Prevention Center. Red Cup Q&A is paid for by SAMHSA SPF-PFS.
Here are a few other laws to be mindful of: Social Host Law: When individuals who are under 21 are drinking on a private property, the person who provides the location for the gathering is in violation of Oklahoma’s Social Host Law. The Social Host can be a minor or someone over the age of 21, and it does not matter if they provided the alcohol or not. A first violation carries a fine of up to $500, unless someone is injured or killed… in which case the host can be charged with a felony, serve up to 5 years in prison, and pay a fine of up to $2,500. Public Intoxication (PI): If you are impaired by any substance in a public place and “disturbing the peace”, you may be charged with a PI. PIs can also be issued for those who consume alcohol on a premises that does not have an ABLE-issued alcohol license, whether they are disturbing the peace or not. PIs are misdemeanors with a fine of up to $500 and 5 days to 6 months in jail. Buying Alcohol with a Fake ID: Purchasing alcohol with a fake ID is a misdemeanor crime that carries a maximum fine of $50 and can result in your driver’s license being revoked or suspended for 90+ days for a first offense and 6+ months for subsequent offenses. You must also complete a substance abuse prevention program lasting a minimum of 4 hours provided by the Oklahoma Department of Mental Health and Substance Abuse Services. Minor in Posession: It is illegal for anyone under the age of 21 to be in possession of or consuming alcohol - unless the person is in their private home under the supervision of their OWN parent/ guardian(s). A first offense is a misdemeanor and carries a fine of up to $300, 30 hours of community service, and license suspension. Furnishing Alcohol to a Minor: It is illegal to provide alcohol to someone who is under the age of 21. A first offense is a misdemeanor and carries a fine of up to $500 and up to 1 year in jail. Subsequent offenses are felonies with up to 5 years in prison, driver’s license revocation, and a fine ranging from $2,500$5,000. Individuals who provide a location for underage people to drink AND furnish them with alcohol are subject to punishment under this law AND the Social Host law. We’ve covered a lot of laws today, and there are still more. If you’d like additional information about Oklahoma alcohol laws visit www.urbanic.law/answers/non-violent-crimes/alcohol-crimes-in-oklahoma-laws-punishments/. There’s a lot to think about when it comes to drinking alcohol, especially if you’re underage. Not only are there health concerns and potential regrets, but you can also find yourself in legal trouble. Be familiar with the laws and save yourself the trouble of criminal records, fines, and jail time by following them!
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