How Oklahoma Defines "DUI" and the Penalties for a 1st, 2nd, and 3rd Conviction

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.

How Oklahoma Law Defines "Driving Under the Influence"

Oklahoma's DUI laws prohibit all motorists from operating a motor vehicle:

• with a blood alcohol concentration (BAC) of .08% or more
• with any amount of a schedule I controlled substance (illegal drugs) in their system, or
• while under the influence of drugs or alcohol to a degree that renders the person incapable of safely driving a 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.

You Can Get a DUI in Oklahoma Without Actually Driving

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.

Penalties for a 1st DUI in Oklahoma—Misdemeanor

A DUI is considered a first offense in Oklahoma if the driver has no prior DUIs that occurred within the past ten years. For a first-offense conviction, the driver normally faces:

• 10 days to one year in jail
• up to $1,000 in fines, and
• a 180-day license suspension.

The fines are doubled for offenses involving child passengers. When a first offense involves a BAC of at least .15%, the driver will be subject to a 90-day ignition interlock device (IID) requirement.

Before sentencing, the convicted driver must obtain a drug and alcohol evaluation from a certified assessor. The judge will review the assessor's report and must include the assessor's recommendations in the sentencing order. Recommendations often include inpatient treatment, educational classes, and other intervention measures. Failure to abide by the assessor's treatment recommendations can result in extended jail time and license suspension.

Penalties for a 2nd DUI in Oklahoma—Felony

A DUI is considered a second offense in Oklahoma if the driver has one prior DUI that occurred within the past ten years. A second DUI is considered a felony in Oklahoma.

For a second-offense conviction, the driver normally faces:

• one to five years in jail
• up to $2,500 in fines, and
• a one-year license suspension.

The fines are doubled for offenses involving child passengers. When a second offense involves a BAC of at least .15%, the driver will be subject to a 90-day IID requirement.

Before sentencing, the convicted driver must complete a drug and alcohol evaluation from a certified assessor. The judge will review the assessor's report and determine whether to sentence the defendant to jail or to the assessor's recommended treatment.

Penalties for a 3rd DUI in Oklahoma—Felony

A DUI is considered a third offense in Oklahoma if the driver has two prior DUIs that occurred within the past ten years. A third DUI is considered a felony in Oklahoma.

For a third-offense conviction, the driver normally faces:

• one to 10 years in jail
• up to $5,000 in fines,
• 240 hours of community service
• an IID requirement of up to two years, and
• a two-year license suspension.

The fines are doubled for offenses involving child passengers. When a third offense involves a BAC of at least .15%, the driver will be subject to a 90-day IID requirement.

Before sentencing, the convicted driver must complete a drug and alcohol evaluation from a certified assessor. The judge will review the assessor's report and determine whether to sentence the defendant to jail or to the assessor's recommended treatment.

Obtaining a Modified License in Oklahoma Following a DUI Revocation

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 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.

Implied Consent and Refusing a Blood or Breath Test in Oklahoma

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.

Plea Bargaining in Oklahoma DUI Cases

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.

Oklahoma's Underage DUI Law and Penalties

Drivers who are under the age of 21 are prohibited from driving with any amount of alcohol in their system. A conviction of an underage DUI is a misdemeanor and generally carries $100 to $200 in fines, 20 to 480 hours of community service, and license revocation of one to three years (the judge can revocation the driver's license until the age of 21).

Talk to an Oklahoma DUI Lawyer

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.