What Are the Oklahoma DUI Laws?

Oklahoma cares about public safety. Part of ensuring this safety is enforcing strong and effective driving under the influence (DUI) laws. Oklahoma law enforcement receives specialized training in identifying possible drugged or drunk driving. Police officers must also undergo certification in performing breath tests and field sobriety tests.

Oklahoma DUI laws are strict. There is mandatory jail time for conviction. A second DUI conviction in 10 years is a felony charge.

Learning about Oklahoma DUI laws may help you avoid committing this offense and assist you in planning your next steps if charged.

Below are the basics of Oklahoma DUI law, including blood alcohol concentration limits and common penalties for the offense.

Disclaimer: State laws are always subject to change through the passage of new legislation, ballot initiatives, rulings in the higher courts, including federal decisions, and by other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Oklahoma DUI Law

The state of Oklahoma prohibits anyone from driving, operating, or being in actual physical control of a motor vehicle if they are:

• Under the influence of alcohol
• Have a breath or blood alcohol content (BAC) of 0.08%
• Have any amount of a Schedule I chemical or controlled substance, or its metabolites or analog in blood, urine, saliva, or other bodily fluid
• Under the influence of any intoxicating substance that makes it unsafe to drive or operate a vehicle
• Intoxicated by a combination of alcohol or substance

You don't need to be in motion for a DUI charge. If you are in the driver's seat and have the keys or the motor is running, you are in "actual physical control" of the vehicle.

Per Se DUI

Oklahoma recognizes a per se DUI when your BAC is 0.08% or 0.04% if you operate a commercial vehicle. A per se DUI law allows for your arrest if your BAC is at or above this legal limit. You don't have to show signs of intoxication. Your chemical tests alone are enough to prosecute you.

Implied Consent Law

When a law enforcement officer suspects you of driving intoxicated, they will ask you to submit to a series of tests. A Breathalyzer or breath test is often first followed by field sobriety tests. If these tests indicate that you're intoxicated, you face a DUI arrest.

After your arrest, the officer will ask you to submit to chemical tests. These can include a blood test or a urine or bodily fluid test. Chemical tests confirm your BAC level and look for other intoxicating substances.

Under Oklahoma's implied consent law, you have agreed to chemical tests simply by driving in the state. You may refuse field sobriety tests. However, refusing chemical tests comes with penalties. The state will suspend your license for six months, followed by an ignition interlock device requirement for 18 months. You may ask for a hearing with the Oklahoma Department of Public Safety if you want to contest your suspension. This suspension is separate from one you may receive if convicted of a DUI.

The prosecution can present evidence of your refusal in court.

Criminal DUI Penalties

All DUI convictions have mandatory sentencing requirements. Everyone convicted of a DUI, even a first offense, will need to complete a substance abuse assessment and a treatment program or education course if recommended by your assessment.

You will pay a fee of $100 to the Drug Abuse Education and Treatment Revolving Fund. The judge may also order that you attend a victim impact panel.

A first-offense DUI is generally a misdemeanor charge. If convicted, your sentence can include:

• Minimum of 10 days up to one year of jail time
• Up to a $1,000 fine
• Driver's license suspension of 180 days
• Ignition interlock device for 18 months

A second offense within 10 years is a felony. Your sentence can include:

• One to five years in prison
• Minimum of five days in jail or residential treatment facility
• Up to $2,500 fine
• Minimum of one-year license suspension
• Ignition interlock device for four years
• Electronic monitoring

A third offense is also a felony. Your penalties increase to:

• 240 hours of community service
• One to 10 years in prison
• Minimum of 10 days in jail or residential treatment facility
• Electronic monitoring
• Ignition interlock device for five years

Driving While Intoxicated

Law enforcement will charge you with driving while intoxicated (DWI) if your BAC is between 0.05% and under 0.08%. A police officer must prove that you show signs of impairment and are unsafe to drive. This evidence of impairment may be failing field sobriety tests, police video of you swerving or driving erratically, or observations of you slurring words or being unsteady on your feet.

Penalties

If convicted, you face a $100 to $500 fine, license suspension for 30 days, and up to six months jail for a first offense. You still must undergo a substance abuse assessment and treatment, as recommended.

Aggravated DUI

If your BAC is 0.015% or greater, you will face an aggravated DUI charge. An aggravated DUI is a serious misdemeanor charge, but it goes to District court instead of municipal court. If convicted, you face extra penalties in addition to those for a standard DUI.

Penalties

If convicted of an aggravated DUI, you will undergo a substance abuse assessment and follow any treatment recommendations.

The severity of your sentence will depend on your BAC level, prior offenses, as well as other circumstances of your DUI. Additional penalties include:

• Fines ranging from $1,000 to $10,000
• One to 20 years in jail
• Minimum of one-year probation with random drug and alcohol testing
• Ignition interlock device required for two years

Felony DUI

Several situations see you charged with a felony DUI. Your DUI is a felony offense if:

• You have a prior conviction in the previous 10 years
• You completed a deferred adjudication for a previous DUI within the last 10 years
• You have a child under the age of 18 in your vehicle
• You caused an accident that resulted in significant bodily injury to another person
• You cause an accident that results in the death of another

The severity of the penalties for a felony DUI will vary by the circumstances of your arrest. If you had a minor in the vehicle, you may also face a child endangerment charge. Your fines double, in addition to any other penalties assessed.

Law enforcement will charge you with vehicular assault or vehicular manslaughter in addition to a felony DUI.

Zero Tolerance for Underage DUI

Oklahoma has zero tolerance for underage intoxicated driving. Under Oklahoma's zero-tolerance law, if you have any measurable amount of alcohol in your system when under 21, you face a DUI charge. Your driving privileges are immediately revoked.

An underage DUI charge is a serious misdemeanor. If your BAC is under 0.08%, a first conviction carries the following penalties:

• Fine between $100 and $500
• 20 hours of community service
• A minimum of six months for license revocation
• Ignition interlock device requirement
• Complete substance abuse assessment
• Comply with treatment recommendations

A second DUI conviction increases your penalties immensely. Your sentence can include:

• Minimum of 12 months license revocation period
• 240 hours of community service
• Up to a $1,000 fine
• Ignition interlock devise requirement
• Complete substance abuse assessment
• Comply with treatment recommendations

The judge has the authority to revoke your driver's license for a more extended period, depending on the circumstances of your arrest.

If you refuse chemical testing, your driver's license is immediately suspended for six months.

If your BAC is 0.08% or more, law enforcement will charge you with an adult-level DUI. You face the same penalties as an over-21 charge, including jail time and probation requirements.

Ignition Interlock Devices and Provisional Driver's Licenses

If convicted of a DUI or you refused chemical tests, you must install an ignition interlock device (IID) in your vehicle after your suspension period has expired. These devices are essentially Breathalyzer machines that control the ability to start the car. If your breath sample detects any amount of alcohol, it will disable your vehicle's ignition.

You must get a provisional driver's license as part of the IID requirement. A provisional driver's license allows you to drive for a limited number of reasons. Typically, these include going to work or school, attending medical appointments, or complying with substance abuse treatment.

Oklahoma DUI Resources:

• Oklahoma DUI Statutes: Driving While Intoxicated (OS §11-902); Driving While Impaired (47 OS §761); Driving Under the Influence While Underage (§47-11-906.4)
• DUI - Alcohol and Drug Substance Abuse Course: Overview of DUI classes in Oklahoma (Oklahoma Department of Mental Health and Substance Abuse)
• Alcohol Impaired: explains Oklahoma's DUI and DWI laws and possible penalties (Oklahoma Highway Safety)
• Ignition Interlock Device: Information about the state's IID program, vendors, and forms (Oklahoma Board of Tests for Alcohol and Drug Influence)

Discuss Your Oklahoma DUI Questions with an Attorney

You likely have questions if you're arrested for a DUI offense in Oklahoma. A DUI conviction can impact your life forever. It's a good idea to consult an experienced DUI attorney who can look at your case and help with your criminal defense. Contact an experienced DUI defense attorney in Oklahoma and get started on your case today.