How Oklahoma Defines "DUI" and the Penalties for a Conviction

Oklahoma's driving under the influence (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 driving, operating, or being in actual physical control of 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.

(Okla. Stat. tit. 47, § 11-902 (2025).)

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 several factors such as gender, body size, and the number and strength of drinks.

You Can Get a DUI 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 doesn't require operation or movement. So, while driving is sufficient for a conviction, it isn't required. (Hughes v. State, 535 P.2d 1023 (Okla. Crim. App. 1975).)

Penalties for a First DUI—Misdemeanor

A DUI is considered a first offense in Oklahoma if the driver has no prior DUIs that occurred within the past 10 years. For a first-offense conviction, the driver normally faces:

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

The court also may place the defendant on probation. (Okla. Stat. tit. 47, §§ 6-205.1, 11-902 (2025).)

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 and 1 year of supervision and periodic testing. (Okla. Stat. tit. 47, § 11-902 (2025).)

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.

Felony DUIs and Penalties

A second or subsequent DUI is generally considered a felony in Oklahoma. A DUI is considered a second offense in Oklahoma if the driver has 1 prior DUI that occurred within the past 10 years. After obtaining a felony DUI conviction, future DUIs are considered felonies in Oklahoma. And causing great bodily harm or death as a result of a DUI is also a felony. (Okla. Stat. tit. 47, § 11-902, 11-904 (2025); White v. State, 483 P.2d 751, (Okla. Crim. App. 1971); Baker v. State, 966 P.2d 797, (Okla. Crim. App. 1998).)

Penalties for a Second DUI

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.

(Okla. Stat. tit. 47, §§ 6-205.1, 11-902 (2025).)

Penalties for a Second Felony DUI

A third DUI is generally considered a felony in Oklahoma. Anyone who commits a DUI after having a prior felony DUI conviction is guilty of a felony DUI. So a third DUI will be a felony if a person's second DUI was a felony. (As discussed above, a second DUI within 10 years is a felony.)

For a second felony DUI conviction, the driver normally faces:

• 1 to 10 years in jail
• up to $5,000 in fines,
• 240 hours of community service
• an IID requirement of up to 2 years, and
• a 2-year license suspension.

(Okla. Stat. tit. 22, § 991a; tit. 47, §§ 6-205.1, 11-902 (2025).)

Penalties for a Third Felony DUI

Anyone who commits a DUI after having two prior felony DUI convictions is guilty of a felony. For a third felony DUI conviction, the driver normally faces:

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

• 1 to 20 years in jail
• up to $5,000 in fines,
• 480 hours of community service
• 1 year of supervision and periodic testing
• an IID requirement of up to 2 years, and
• a 2-year license suspension.

(Okla. Stat. tit. 22, § 991a; tit. 47, §§ 6-205.1, 11-902 (2025).)

Penalties for a DUI That Caused Great Bodily Injury or Death

Anyone who causes great bodily injury to another person as a result of intoxicated driving is guilty of a felony. For a DUI causing great bodily injury, the driver will face 4 to 20 years in prison and up to a $5,000 fine. (Okla. Stat. tit. 47, § 11-904 (2025).)

A driver who is under the influence and kills another person can be guilty of felony first-degree manslaughter. First-degree manslaughter carries at least four years in prison. (Okla. Stat. tit. 21, § 715 (2025); White v. State, 483 P.2d 751, (Okla. Crim. App. 1971).)

A driver who has a prior misdemeanor or felony DUI conviction and kills someone while committing a DUI can be convicted of second-degree murder. A person convicted of second-degree murder will face a prison sentence of 10 years to life. (Okla. Stat. tit. 21, §§ 701.8, 701.9 (2025); Baker v. State, 966 P.2d 797, (Okla. Crim. App. 1998).)

Penalties for Felony DUIs with Aggravating Factors

The fines for felony DUIs are doubled for offenses involving child passengers. When an offense involves a BAC of at least .15%, the driver will be subject to a 90-day IID requirement and 1 year of supervision and periodic testing. (Okla. Stat. tit. 47, § 11-902 (2025).)

Probation and Drug and Alcohol Assessments for Felonies

Before sentencing for a felony DUI, 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 the assessor's recommended treatment. The court likely will place the offender on probation to monitor compliance with treatment and other sentencing requirements. (Okla. Stat. tit. 47, § 11-902 (2025).)

Obtaining a Modified License 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 before license reinstatement. (Okla. Stat. tit. 47, §§ 6-205.1, 6-212.5 (2025).)

Implied Consent and Refusing a Blood or Breath Test

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. (Okla. Stat. tit. 47, §§ 751, 753 (2025).)

However, for purposes of determining the suspension period for a refusal, all prior DUI convictions, refusals, and failed BAC tests (.08% or greater) during the person's life are counted. (Okla. Stat. tit. 47, § 6-205.1 (2025).)

Plea Bargaining in 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.

Underage DUI Laws and Penalties

Drivers who are under the age of 21 are prohibited from driving with any amount of alcohol or an intoxicating substance in their system. A conviction of an underage DUI is a misdemeanor and—depending on the number of prior convictions—carries $100 to $2,000 in fines, 20 to 480 hours of community service, and license revocation of 180 days to 3 years. (Okla. Stat. tit. 47, §§ 6-205.1; 11-906.4 (2025).)

Getting Help From a 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.