A Complete Guide to Oklahoma DUI Laws: From First Offense to Felony Charges

June 21, 2025

A Complete Guide to Oklahoma DUI Laws: From First Offense to Felony Charges

Introduction

Oklahoma's impaired driving laws, primarily known as "Driving Under the Influence" (DUI), are designed to be stringent and deter individuals from operating vehicles while affected by alcohol or drugs. The state imposes both criminal penalties through its courts and administrative sanctions through Service Oklahoma (formerly the Department of Public Safety - DPS). Penalties escalate sharply for repeat offenses, higher Blood Alcohol Concentration (BAC) levels, and other aggravating factors.

The General Framework of Oklahoma DUI Laws

In Oklahoma, a person commits a DUI offense if they are driving, operating, or in actual physical control of a motor vehicle on public roads or private access roads while:

"Per Se" DUI: Having a blood or breath alcohol concentration (BAC) of $0.08%$ or more within two hours of arrest.
Under the Influence (Impairment): Being under the influence of alcohol, any intoxicating substance other than alcohol (including prescription or over-the-counter drugs), or a combination of alcohol and any other intoxicating substance, to a degree that renders them incapable of safely driving or operating a motor vehicle.
Specific Drug Presence: Having any amount of a Schedule I controlled substance or its metabolite or analog in their blood, saliva, urine, or any other bodily fluid at the time of a test.

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Key Definitions:

DUI: Refers to the criminal offense of driving while intoxicated or impaired.
DWI (Driving While Impaired): In Oklahoma, DWI is a lesser offense than DUI, typically applying to individuals with a BAC between $0.05%$ and $0.07%$ . It is a traffic misdemeanor, usually carrying fines and less severe penalties than a full DUI.
Actual Physical Control (APC): An individual can be charged with DUI even if they are not actively driving but are in "actual physical control" of a vehicle (e.g., asleep in the driver's seat with keys in the ignition).

Special BAC Limits:

Commercial Drivers: A BAC of $0.04%$ or more while operating a commercial vehicle.
Under 21 (Zero Tolerance Law): A BAC of $0.02%$ or more for drivers under 21.

Implied Consent Law

Oklahoma's implied consent law (Title 47 O.S. § 751) mandates that any person operating a motor vehicle in the state is deemed to have consented to a chemical test (blood, breath, saliva, or urine) to determine the alcohol or drug content of their blood if lawfully arrested for DUI/APC by an officer with probable cause.

Refusal to Test: Refusing to submit to a chemical test after a lawful arrest for DUI in Oklahoma carries immediate and significant administrative penalties imposed by Service Oklahoma, separate from any criminal prosecution. Your refusal can also be used as evidence against you in court.

First refusal: Driver's license revocation for 180 days.
Second refusal (within 10 years of a prior revocation for refusal or DUI/APC conviction): Driver's license revocation for 1 year.
Third or subsequent refusal (within 10 years): Driver's license revocation for 3 years.

Drivers whose licenses are revoked due to refusal may be able to obtain a modified license by participating in the Impaired Driver Accountability Program (IDAP), which requires the installation of an ignition interlock device (IID) for specified periods.

Oklahoma DUI Statistics

Impaired driving continues to be a serious issue in Oklahoma, contributing to a significant number of traffic fatalities and injuries.

In 2023, Oklahoma reported 145 alcohol-related fatalities.
Preliminary data for 2024 indicates 5 fatal incidents involving impaired driving (as of February 2025).
In 2023, there were approximately 975 misdemeanor DUI charges and 300 felony DUI charges. Preliminary 2024 data suggests similar numbers.
Oklahoma has been noted for having a lower DUI rate in major cities like Oklahoma City compared to other large U.S. cities, but the overall state challenges persist.

Penalties for DUI in Oklahoma

Oklahoma employs a 10-year "look-back" period for enhancing penalties for repeat DUI/APC offenses. This means any DUI or APC conviction (or deferred sentence) from a court of record within the previous 10 years will count towards classifying a subsequent offense as a felony.

First Offense DUI (Misdemeanor)

Jail Time: Not less than 10 days nor more than 1 year. (If treatment recommendations do not include residential/inpatient treatment for at least 5 days, the person must serve at least 5 days in jail).
Fines: Up to $1,000.
License Revocation: 180 days (6 months).
- Impaired Driver Accountability Program (IDAP): Mandatory participation, typically requiring IID installation for the duration of the revocation period to gain modified driving privileges.
Assessment and Evaluation: Mandatory participation in an alcohol and drug substance abuse evaluation program and compliance with all recommendations (treatment, education).
Victim Impact Panel: Mandatory attendance.

Aggravated Driving Under the Influence: If the BAC is $0.15%$ or more, the driver is deemed guilty of "Aggravated Driving Under the Influence" (even for a first offense) and faces additional penalties, including mandatory IID for at least 90 days (typically longer periods under IDAP) and periodic alcohol monitoring.

Second Offense DUI (within 10 years - Felony)

Prison Time: Not less than 1 year nor more than 5 years. (If treatment recommendations do not include residential/inpatient treatment for at least 10 days, the person must serve at least 10 days in prison/custody).
Fines: Up to $2,500.
License Revocation: 1 year.
- IDAP: Mandatory participation, typically requiring IID for 12 months (or longer as part of treatment).
Assessment and Evaluation: Mandatory, with compliance to recommended treatment (often more intensive).
Victim Impact Panel: Mandatory attendance.
Probation/Parole Monitoring.

Third Offense DUI (within 10 years - Felony)

Prison Time: Not less than 1 year nor more than 10 years.
Fines: Up to $5,000.
License Revocation: 3 years.
- IDAP: Mandatory participation, typically requiring IID for 36 months (or longer as part of treatment).
Assessment and Evaluation: Mandatory, with compliance to recommended treatment (often inpatient or long-term outpatient).
Victim Impact Panel: Mandatory attendance.
Probation/Parole Monitoring.

Fourth or Subsequent Offense DUI (Felony)

Prison Time: Not less than 1 year nor more than 20 years.
Fines: Up to $5,000.
License Revocation: Can be significantly long-term or permanent.
IDAP & IID: Likely required for any potential license reinstatement.
Mandatory Treatment.
Felony Criminal Record: Permanent.

Other Significant Penalties:

DWI (Driving While Impaired, BAC $0.05% - 0.07%$ ): Generally a misdemeanor, with fines typically $100-$500, no mandatory jail for a first offense, and a 30-day license suspension. Penalties increase for subsequent offenses.
DUI with Child Passenger (Under 18): If a person is convicted of DUI and there was a child under 18 in the vehicle, the fine is doubled. It can also lead to other criminal charges like child endangerment.
DUI Causing Injury or Death (Felony):
- DUI Involving Personal Injury: If a DUI causes an accident resulting in personal injury, it's a misdemeanor (first offense) with increased jail time (90 days - 1 year) and fines up to $2,500. Subsequent offenses are felonies (1-5 years prison, up to $5,000 fine).
- DUI Involving Great Bodily Injury: Felony, 1-5 years in prison, up to $5,000 fine.
- Manslaughter in the First Degree: If a death results from a DUI, it can be charged as Manslaughter, carrying a minimum of 4 years in state penitentiary.
- Murder in the Second Degree: If there's a prior felony DUI/APC conviction, a death caused by DUI could be charged as Second Degree Murder, with a minimum of 10 years in state penitentiary.
Driving While Suspended/Revoked for DUI: This is a separate criminal offense with its own penalties, including potential jail time and further license suspension.
Ignition Interlock Device (IID): A common requirement for obtaining modified driving privileges during a revocation period and for full license reinstatement. Costs are borne by the offender.
Vehicle Forfeiture: Possible in certain felony DUI cases.
Collateral Consequences: A DUI conviction can lead to significantly increased auto insurance premiums (often requiring an SR-22 filing), difficulty with employment, professional license issues, and restrictions on travel (e.g., entry into Canada). Felony DUI convictions result in the loss of civil rights (e.g., voting, firearm ownership).

Conclusion

Oklahoma's DUI laws are robust and emphasize both deterrence and rehabilitation through programs like IDAP. The tiered penalty system, the specific criminalization of test refusal, and the escalating severity for repeat offenses (especially the quick transition to felony status) demonstrate the state's firm commitment to combating impaired driving. The severe consequences for high BAC, child endangerment, and DUIs resulting in injury or death further highlight this resolve. Understanding these complex regulations, particularly the 10-year look-back period and the mandatory requirements for IID and treatment, is crucial for any driver in Oklahoma. For anyone facing a DUI charge in the Sooner State, immediate consultation with an experienced Oklahoma DUI defense attorney is strongly advised to navigate the complexities of the legal system and safeguard your rights and future.

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