DUI Laws in Oklahoma

Laws and penalties for DUI in Oklahoma.

In Oklahoma, you can get a DUI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in Oklahoma says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in Oklahoma and other details about Oklahoma DUI law.

In Oklahoma, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI?

Here are the consequences for not taking a breathalyzer or blood test in Oklahoma, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

6 month license revocation

1 year license revocation

1 year license revocation

 

In Oklahoma, when do police have to measure your blood alcohol content (BAC)?

In Oklahoma, law enforcement officers are supposed to measure your BAC within 2 hours of driving. However, prosecutors may be able to prove your culpability for DUI even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in Oklahoma?

In Oklahoma, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is 0%. Oklahoma is a "zero tolerance" state.

What are the minimum jail times for a DUI in Oklahoma?

Here are the minimum jail times for a DUI in Oklahoma, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

5 days

10 days

10 days

 

How long will prior DUI convictions remain relevant for sentencing purposes in Oklahoma?

In Oklahoma, prior DUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for 10 years.

Can a DUI be “pleaded down” to a "wet reckless" in Oklahoma?

In Oklahoma, it’s possible for a driver who’s charged with driving under the influence to “plea bargain” for a lesser charge. When such a plea bargain is for a reckless driving charge, it’s sometimes called a “wet reckless.”  

(Read more about plea bargaining in Oklahoma DUI cases and the consequences of a reckless driving conviction.)

Are ignition interlock devices (IIDs) required for convicted DUI offenders in Oklahoma?

Yes, for second and subsequent offenses.

Where can I get more information about DUI laws in Oklahoma?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DUI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of Oklahoma DUI attorneys in your area.

For more information about the legal limit, see the  Blood Alcohol Level Chart

Last updated on 09/01/2010.

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