Oklahoma DUI Laws

Oklahoma has set the Blood Alcohol Content (BAC) levels at .08% for adult drivers of passenger cars. The limit for underage drivers is set at the zero tolerance level just like the majority of the other states. This means that anything over .0% is considered as drunk driving for underage drinkers. A prescription dose of over the counter cough medicine can put an individual over the limit. Commercial drivers are restricted to .04% BAC. The state of Oklahoma will charge you with a Driving Under the Influence charge if your BAC is below .08% such as .05 percent. When you are caught drinking and driving in Oklahoma you will face a suspension, jail time and steep fines. Oklahoma considers drunk driving to be a crime.

Oklahoma considers you to have agreed to the BAC tests if you are operating a motorized vehicle on Oklahoma roads. Your driver’s license will be taken immediately if you refuse the test and you will have to go to court. The suspension may be from 180 days to 3 years depending on prior DUI’s and your driving record in general. Oklahoma also uses the per se law as their only evidence needed to convict you of a DUI. This means that the refusal to take the test or a test which comes back with a BAC of .08% or higher is all the proof the court needs to convict you. Keep in mind that Oklahoma will charge you with a DUI for individuals who test with a BAC of .05% to .08%. The penalties will not be less expensive than the charges attached to .08% or above BAC.

Oklahoma also has enhanced penalties for individuals caught driving drunk with a child under the age of 18 in the vehicle. In many cases, the fines and penalties are doubled.



Your first DUI offense will result in 10 days to 1 year of jail time. If you have a child under the age of 18 with you, your possible jail time will increase up to 4 years. You will incur fines of up to $1,000.00 unless a minor child is in the vehicle in which case your fine will double. You will also be responsible for paying DUI fees of $300.00. Your license will be suspended for 30 days and you will be required to take part in an Assessment and Evaluation for Treatment program.

Your second DUI offense will result in 1 year to 5 years of jail time or treatment and jail time. If you have a child under the age of 18 with you, your possible jail time will increase up to 4 years. You will incur fines of up to $2,500.00 unless a minor child is in the vehicle in which case your fine will double. Your license will be suspended for six months and you will be required to take part in an Assessment and Evaluation for Treatment program. At the end of your suspension, you will be required to install the Ignition Interlock Device (IID) on your vehicle at your own expense.

Your third and all future DUI offenses will result in 1 year to 20 years of jail time. If you have a child under the age of 18 with you, your possible jail time will increase up to 4 years. You will incur fines of up to $1,000.00 unless a minor child is in the vehicle in which case your fine will double. Your license will be suspended for one year and you will be required to take part in an Assessment and Evaluation for Treatment program. At the end of your suspension, you will be required to install the Ignition Interlock Device (IID) on your vehicle at your own expense. You will also be required to serve 480 hours of community service. You will be under a one year supervision period where you will be required to undergo periodic testing.