Oklahoma DUI 101

Oklahoma DUI laws are in place to keep inebriated drivers off the road in the Sooner State.

What Constitutes an Oklahoma DUI

In Oklahoma, drivers age 21 or older with a blood alcohol content (BAC) of .08 percent or higher are considered legally intoxicated and can be charged with an Oklahoma DUI.

Commercial drivers with a BAC of .04 percent or higher are considered legally intoxicated and can also be charged with a DUI.

Oklahoma is a zero tolerance state, meaning that drivers under age 21 can be charged with a DUI when discovered to be under the influence of any alcohol while driving.

Chemical Tests in Oklahoma

Oklahoma has an implied consent law, which requires each driver to submit to a chemical test upon request by law enforcement or be subject to a fine and automatic license suspension.

Refusal to take test:

  • 1st Offense: 6 month license revocation, with a minimum of five days in jail
  • 2nd Offense: 1 year license revocation, with a minimum of 10 days in jail
  • 3rd Offense: 3 year license revocation, with a minimum of 10 days in jail

Lookback Period

Oklahoma has a 10-year lookback period, meaning that any prior DUIs within this period of time can and will be used against you during sentencing for subsequent convictions.

Pleading to a Lesser Offense Than DUI

You can plead to a lesser offense than DUI – for example, “wet reckless,” or a conviction of reckless driving involving alcohol – in Oklahoma. The judge will decide whether to accept your plea.

Penalties

First DUI Offense

  • Imprisonment from five to 365 days
  • Up to four years in jail for operating a vehicle while intoxicated with a child under 18 present in the vehicle
  • Fine up to $1,000, or $2,000 if a child under 18 is present in the vehicle
  • License suspension for 30 days
  • Participate in an assessment and submit to an evaluation for treatment
  • Minimum DUI fees of $300 or more

Second DUI Offense

  • Jail from one to five years or treatment and imprisonment
  • Jail up to four years if a child under 18 is present in the vehicle at the time of the incident
  • License suspension for six months

Subsequent offenses are subject to mandatory jail time up to 20 years, fines up to $1,000 and license suspension for up to one year – all for the third offense.

In some cases, drivers will be ordered to install on their car an ignition interlock device, which prevents a vehicle from starting if the driver is found to be under the influence of alcohol.

Can You Get a Restricted License?

Oklahoma does offer DUI offenders the possibility of acquiring a restricted license, but you must petition the court in writing to receive the license.

DUI Programs

For DUI offenders, Oklahoma offers programs that provide a test assessment and cover the lasting effects of alcohol abuse. Individual and group counseling may also be offered.

Costs for Oklahoma DUI classes vary, but they tend to fluctuate around $150 for a 10-hour class and $360 for a 24-hour class.