Oklahoma DUI Laws and Penalties

How Oklahoma defines “driving under the influence” (DUI) and the consequences of a conviction.

Oklahoma’s DUI laws prohibit all motorists from operating or being in “actual physical control” of a motor vehicle:

  • with a blood alcohol concentration (BAC) of .08% or more
  • with any amount of a schedule I controlled substance (illegal drugs) in their system, or
  • while under the influence of drugs or alcohol to a degree that renders the person incapable of safely driving a vehicle.

The term “actual physical control” only requires direct influence over the vehicle and does not require operation or movement. In other words, driving is sufficient for a conviction, but it isn’t required.

Jail Time and Fines for Oklahoma DUI Convictions

The minimum and maximum jail time and fines you’ll face for a DUI conviction in Oklahoma generally depend on the number of prior convictions you have. Here are the possible jail sentences and fines for a first, second, and third DUI conviction.

1st offense

2nd offense

3rd offense

Jail Time

10 days to 1 year

1 to 5 years

1 to 10 years

Fines

Up to $1,000

Up to $2,500

Up to $5,000

Substance abuse treatment. When sentenced to jail, the Department of Corrections will determine if the sentence should be served in jail, in a substance abuse center, or the Department of Corrections substance abuse treatment program. And the judge can order that a jail sentence be set aside altogether if the convicted motorist agrees to abide by the recommendations of a substance abuse treatment assessment. Recommendations might include inpatient or outpatient treatment and educational classes. If the recommendations do not require inpatient treatment, the judge will usually order the convicted person to serve a few days in jail. A defendant’s failure to abide by treatment recommendations can result in extended jail time and license suspension.

Doubled fines. An adult convicted of a DUI in Oklahoma must pay a doubled fine if there was a minor in the vehicle at the time of the offense. (Having a minor in a vehicle while driving under the influence could also lead to other legal consequences and criminal charges.)

Aggravated DUI. If the driver’s BAC was .15% or more, DUI penalties will, in addition to the penalties already set forth, also include:

  • at least one year of supervision and periodic testing (plus expenses), and
  • required use of an ignition interlock device (IID) for at least 90 days.

License Suspensions for an Oklahoma DUI

All Oklahoma drivers who are convicted of a DUI face license revocation. However, a driver can request the issuance of a modified license during the revocation period. With a modified license, the motorist has limited driving privilege but must install an IID. The possible revocation and IID periods for a first, second, and third DUI are as follows.

1st offense

2nd offense

3rd offense

Revocation Period

180 days

1 year

3 years

Ignition Interlock Device (IID)

18 months if refused test or BAC of .15% or more

4 years

5 years

Before the licensee can be eligible for reinstatement, all court-ordered treatment requirements must be satisfied.

Oklahoma’ Implied Consent Laws

Oklahoma’s “implied consent” laws require all drivers lawfully arrested for a DUI to submit to a blood or breath test. Motorists who refuse testing face the same revocation and IID periods as they would under a DUI conviction as set out above.

However, for purposes of determining what is a second or third refusal, all prior DUI convictions, refusals, and failed BAC test (.08% or greater) within the person’s life are counted.

Under 21 DUI

If the driver is under 21 years old, any amount of measurable alcohol will be considered DUI. However, the consequences for an under-21 DUI are different than those for a normal DUI.

Reducing a Oklahoma DUI Charge

Unlike some other states, Oklahoma law doesn’t prohibit reducing a DUI charge to a lesser offense. So, depending on the circumstances, plea bargaining for a lesser charge in a DUI case may be possible.

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