Oklahoma's DUI laws define the offense itself and specify the penalties for DUI offenses. This article explains exactly what prosecutors must prove to get a DUI conviction in court and the consequences a driver can face for a first, second, and third offense in Oklahoma.
Oklahoma's DUI laws prohibit all motorists from operating a motor vehicle:
A drunk driving offense based on BAC—as opposed to the driver's level of impairment—is known as a "per se" DUI. The amount of alcohol a person must consume to be over the legal limit depends on a number of factors such as gender, body size, and the number and strength of drinks.
In Oklahoma, a motorist can get a DUI even without actually driving: It is illegal for any person to drive or "operate or be in actual physical control" of a motor vehicle while under the influence. This "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.
Oklahoma DUI penalties vary based on the circumstances of the case. But the range of allowable penalties depends, in large part, on how many prior convictions the offender has.
A repeat offense within ten years is considered a second offense. A second DUI and any subsequent offense within the person's lifetime will be a felony DUI.
Here are what the potential sentences generally look like for a first, second, and third DUI in Oklahoma.
|
Jail |
10 days to 1 year |
1 to 5 years |
1 to 10 years |
|
Fines |
Up to $1,000 |
Up to $2,500 |
Up to $5,000 |
|
License Revocation |
At least 180 days |
At least 1 year |
At least 3 years |
The judge can order that a jail sentence be set aside if the convicted motorist agrees to abide by the recommendations of a substance abuse treatment assessment. Recommendations might 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.
During the license revocation period, the licensee must enroll in the Impaired Driver Accountability Program (IDAP). This program requires the installation of an ignition interlock device (IID) but also permits restricted operation during the suspension period (with the use of an IID). The licensee must be enrolled in the IDAP for the entirety of the revocation period and must be violation-free for 90 days prior to license reinstatement.
Oklahoma's "implied consent" laws require all drivers lawfully arrested for a DUI to submit to a blood or breath test. Motorists who refuse testing face the same revocation and IDAP requirements as they would for a DUI conviction.
However, for purposes of determining what is a second or third refusal, all prior DUI convictions, refusals, and failed BAC tests (.08% or greater) within the person's life are counted.
If you get charged with a DUI in Oklahoma, you might be hoping the prosecution will dismiss the case. However, unless the court throws out evidence that's critical to prove the charge, it's unlikely a prosecutor will agree to do so. But Oklahoma law doesn't prohibit reducing a DUI charge to a lesser offense. So, depending on the circumstances, a reduction could be an option.
If you've been arrested for driving under the influence in Oklahoma, it's a good idea to talk to an experienced DUI lawyer. The consequences of a DUI conviction are serious, so having a qualified attorney at your side is essential.