Oklahoma DUI Laws
Oklahoma law prohibits a person from operating a motor vehicle when his or her blood alcohol content (BAC) is above the legal limit. Consequences for violating Oklahoma DUI laws may include jail, lost driving privileges, lost employment, housing and educational opportunities, increased insurance rates and more. If you have been arrested for an alcohol-related offense, you need an experienced Oklahoma DUI attorney on your side to fight the charges and help resolve your case with the most favorable outcome possible.
In Oklahoma, the most common drinking and driving charges include Driving While Impaired (DWI) and Driving Under the Influence (DUI). A person may be charged with DWI if his or her BAC was between .05 and .08 and DUI if his or her BAC was over .08 (less for minors and commercial drivers). Even a person who was merely in a vehicle while under the influence (e.g., parked at the side of the road) can be charged with a DUI offense called Actual Physical Control (APC). Criminal penalties for these offenses may include jail time, community service, treatment, fines and more. The severity of the penalties will vary depending on factors such as prior convictions, accidents with injuries, high BAC (over .15) and whether there were children in the car. Only an attorney can tell you what penalties may apply in your case.
If you have been stopped for suspicion of a DUI offense, the Oklahoma Department of Public Safety may also suspend or revoke your driving privileges for six months or longer. The suspension is independent of any criminal case and occurs almost immediately after an arrest, so it is important to contact an attorney right away. Fortunately, even if your license is suspended you may be permitted to drive with the installation of an ignition interlock device (IID). An IID prevents the car from operating if you "blow" an unlawful BAC. Contact an Oklahoma DUI lawyer to learn more.
Oklahoma DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Oklahoma BAC laws may differ from those of other states, as follows.
| Oklahoma BAC Laws | |
| Per Se Violation | BAC of: .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | Higher than .00 |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: within approximately 15 days after DUI/DWI citation.
| DUI/DWI Arrest | |
| 1st Offense | 180 days license suspension |
| Subsequent Offenses | 1 or 3 years license suspension, depending on prior convictions |
| Temporary License | Yes, for 30 days after DUI/DWI citation |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 180 days license suspension |
| Subsequent Offenses | 1 or 3 years license suspension, depending on prior convictions |
Criminal Court Conviction Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 180 days (may have conditional license) |
| Prison Term and Community Service | 10 days to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol and drug abuse program; possible treatment |
| Second DUI/DWI Offense (within 10 years of 1st offense) | |
| License Suspension | 1 year (may have conditional license) |
| Prison Term and Community Service | 1 to 5 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $2,500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol and drug abuse program; possible treatment |
| Third DUI/DWI Offense (within 10 years of first 2 offenses) | |
| License Suspension | 3 years (may have conditional license) |
| Prison Term and Community Service | 1 to 10 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol and drug abuse program; possible treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Oklahoma Department of Public Safety