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. So while driving is sufficient for a conviction, 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


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. However, 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 commonly include inpatient or outpatient treatment and educational classes. If the recommendations do not require inpatient treatment, the court 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 during a DUI offense could also lead to other 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 for at least 90 days.

License Suspensions for a Oklahoma DUI

All Oklahoma drivers who are convicted of a DUI face license revocation. 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

Optional Impaired Driver Accountability Program (IDAP)

180 day interlock requirement

12 month interlock requirement

36 months interlock requirement

During this revocation period, the licensee can request a modified license by agreeing to participate in the "Impaired Driver Accountability Program." With a modified license, the driver will regain some driving privileges but must use an ignition interlock device.

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. Historically, drivers who refused testing faced the same revocation and IID periods as they would under a DUI conviction. However, as of 5/15/19 implied consent violators can enroll in IDAP and are subject to the same time periods as convicted drivers (see above).

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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