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

Learn about the penalties for a DUI conviction in Oklahoma.

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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:

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, 2nd, and 3rd Oklahoma DUI

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.

How Oklahoma Counts Prior DUI Convictions

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.

Jail Time, Fines, and License Penalties for Oklahoma DUI Offenses

Here are what the potential sentences generally look like for a first, second, and third DUI in Oklahoma.

1st Offense

2nd Offense

3rd Offense

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

Oklahoma's Substance Abuse Treatment Requirements for DUI Offenders

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.

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 (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.

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.

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.

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You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

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