Oklahoma Drunk Driving Laws
Whether you failed to use your headlights while driving at night, swerved into oncoming traffic, changed lanes erratically, or did something else to catch law enforcement's attention -- you'd better be prepared to submit to a breathalyzer test and a field sobriety test in Oklahoma. If you've had too much to drink, get ready to be penalized under Oklahoma’s drunk driving laws.
What Oklahoma Drunk Driving Laws Say
If you're driving on Oklahoma roads, you've given your implied consent to a breathalyzer test and field sobriety test. If you refuse, your driver's license will immediately be suspended and you can be arrested. Your license also could be suspended for up to three years, depending on the charges and your record. Keep in mind that while Oklahoma's blood-alcohol concentration (BAC) limits are the same as in most other states , you can be charged with a DWI if your BAC is over 0.05 percent (Sec. 47-756(A)(2)).
Blood-Alcohol Concentration (BAC) Limits for a DUI:
- 21 years and up: Limit of 0.08% (Sec. 47-756(A)(3)).
- Under 21 years: Any measureable amount (Sec. 47-756(A)).
- Commercial driver's license: Limit of 0.04% (Sec. 47-6-205.2(B)(1)).
- Aggravated DUI: Limit of 0.15% (Sec. 47-11-902(D)).
Penalties for Drinking and Driving if you're 21 or older:
- BAC 0.05 - 0.08: $100 to $500 fine and/or six months to one year in jail. License suspension: 30 days for first offense; six months for second offense; one year for subsequent offenses (Sec. 47-756(A)(2)).
- First BAC above 0.08: Misdemeanor; 10 days to one year in jail; fine up to $1,000; 180 days license suspension (Sec. 47-11-902(C)(1)).
- Second BAC above 0.08: Felony; one to seven years in jail; fine up to $2,500; one-year license suspension (Sec. 47-11-902(C)(2)).
- Third BAC above 0.08: Felony; one to 10 years in jail; fine up to $5,000; three-year license suspension (Sec. 47-11-902(C)(3)).
Penalties for Drinking and Driving if you're 18-20:
- First offense: Loss of license for six months; a fine between $100 and $500; 20 hours of community service; and/or rehab (Sec. 7-11-906.4(B)(1)).
- Second offense: Loss of license for 12 months; a fine between $100 and $1,000; 240 hours of community service; installation of an ignition interlock device; and/or rehab (Sec. 7-11-906.4(B)(2)).
- Third or Subsequent offense: Loss of license for 36 months; a fine between $100 and $2,000; 480 hours of community service; and/or rehab (Sec. 7-11-906.4(B)(3)).
Additional Penalties for Drinking and Driving if you're under 18:
- First Offense: Loss of license for six months (Sec. 47-6-107.1(B)(1)).
- Second Offense: Loss of license for one year (Sec. 47-6-107.1(B)(2)).
- Third or Subsequent Offense: Loss of license for two years (Sec. 47-6-107.1(B)(3)).
- Under 16: If you will be under 16 when your license suspension ends, the court will extend your license suspension until you turn 16 (Sec. 47-6-107.1(B)(4)).
- Discretionary Extension: The court may, at its discretion, extend your license suspension to your 21st birthday (Sec. 47-6-107.1(B)(4)).
Check out Oklahoma’s official statutes to learn more.
I've Been Charged with Drunk Driving in Oklahoma: What's Next?
Oklahoma does have a 10-year "washout" period for the purposes of determining your sentence. This means that if you were convicted of a DUI 12 years ago, the penalty for your current DUI charge will likely be the same as it is for a first DUI offense.
No matter how many DUIs you have on your record, most attorneys will defend your charge by investigating the evidence of your intoxication. Sometimes this means challenging the stop itself. Unless you were stopped during a checkpoint, an officer must have a reasonable suspicion that you were driving under the influence, or must have witnessed you breaking a traffic law. Other times an attorney can challenge the breathalyzer testing procedure or the machine itself. Even if none of these scenarios applies to you, an attorney has other approaches to try.
Get a Free Case Review from a Skilled Oklahoma Attorney
Oklahoma has incredibly strict drunk driving laws. If you're not from around here, the DWI limit could easily catch you off-guard. But don't fret yet. Before you agree to a guilty plea or even a plea bargain, get a free case review from an attorney with experience challenging DUI and DWI charges in Oklahoma.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.