Oklahoma DUI Laws, Fines and Penalties

Learn about the penalties for a DUI conviction in Oklahoma.

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What are the penalties for a DUI in Oklahoma?


1st Offense

2nd Offense

3rd Offense

Jail

5 days to 1 year

1 to 5 years

1 to 10 years

Fines and Penalties

Up to $1,000

Up to $2,500

Up to $5,000

License Suspension

30 days

6 months

1 year

IID** Required

No

Yes

Yes 

Lookback Period: 10 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

**Ignition Interlock Device

How much do you have to drink (BAC*) for a DUI in Oklahoma?

Under 21

.00%  Oklahoma is a zero tolerance state

21 or older

.08%

Commercial

.04%

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

You may want to try our BAC Calculator, however I wouldn't let any results encourage you to drink and drive.

What if you refuse to take a chemical test in Oklahoma?

Oklahoma has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. To learn more, see Oklahoma’s implied consent law.

 

1st Offense

2d Offense

3rd Offense

Refusal to take test

6 month license revocation and 18 month interlock

1 year license revocation

3 year license revocation

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

Can you plead to a lesser offense than DUI in Oklahoma?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Oklahoma, but it's possible a lawyer may be able to create a plea bargain for you.

New DUI Laws in Oklahoma

In 2010 the Governor of Oklahoma Signed Oklahoma House Bill 3240, the Aaron Gillming Act. The new law requires that drivers that convicted of a DUI, even if it is their first offense, be mandated to attend and participate in a drug and alcohol evaluation and assessment program.

Drinking and Driving Laws in Oklahoma

In the State of Oklahoma it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or above. The .08 limit is the benchmark used across the United States for the "impaired" driver. Oklahoma has lower BAC limitations for drivers of commercial vehicles and drivers under the age of 21. Oklahoma's DUI law also prohibits driving under the influence of drugs and alcohol or the combination of the two.

How many drinks does it take to reach the legal limit in Oklahoma? It's not easy to accurately predict each individual driver's BAC level. There are charts and calculators that can you can use as a reference, however these tools do not consider all variables that contribute to a BAC score. Eating during, or before, drinking alcohol may slow the absorption of alcohol into your system, while eating nothing at all may put you over the limit very quickly. The bottom line is that it takes very little alcohol to become legally intoxicated and each drink you take puts you closer to the .08 BAC limit.

The best answer is not to drink and drive. The State of Oklahoma has strict laws for drunk driving, and when you drink and drive in Oklahoma, you risk your freedom, finances and your future.

The first time you receive a drunk driving conviction in the State of Oklahoma you will have your drivers license suspended for 30 days. You will also spend a minimum of 10 days in jail up to 1 year. You will also be fined up to $1,000. Other charges could include a $75 processing fee, a $25 reinstatement fee and a $200 trauma fee.

The second DUI you receive in Oklahoma will be considered a felony conviction if it occurs within 10 years of the first DUI. You will be sent to jail for no less than 1 year and up to 5 years. You will also be fined up to $2,500. Your drivers license will be suspended for a period of 6 months. Other charges could include a $75 processing fee, a $25 reinstatement fee, a $200 trauma fee and $150 fee for a restricted license if allowed by the court.

Your 3rd and subsequent drunk driving convictions in the State of Oklahoma are all considered felonies. You will be imprisoned for a minimum of 1 year and possibly up to 10 years. Your fine will be up to $10,000 and your drivers license will be suspended for 1 year. Other charges could include a $75 processing fee, a $25 reinstatement fee, a $200 trauma fee and $150 fee for a restricted license if allowed by the court. In addition to these costs you will also have to pay to have an ignition interlock device installed on your vehicle.

by: , Attorney

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