Oklahoma DUI / DWI Lawyers

Oklahoma DUI Laws, Fines and Penalties

In the State of Oklahoma it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or above. The .08 limit is the benchmark used across the United States for the "impaired" driver. Oklahoma has lower BAC limitations for drivers of commercial vehicles and drivers under the age of 21. Oklahoma's DUI law also prohibits driving under the influence of drugs and alcohol or the combination of the two.

 

 

What are the penalties for a DUI in Oklahoma?

1st Offense 2nd Offense 3rd Offense
Jail 5 days to 1 year 1 to 5 years 1 to 10 years
Fines and Penalties Up to $1,000 Up to $2,500 Up to $5,000
License Suspension 30 days 6 months 1 year
IID** Required No Yes Yes

First Offense DUI in Oklahoma

  • First offense DUI arrest in Oklahoma initiates an impending license suspension of thirty (30) days, unless otherwise contested at an administrative hearing
  • Refusals to submit, first offense, carry mandatory automatic license revocation of six (6) months in Oklahoma
  • Reinstatement of license for first offense DUI-based suspensions entails participation in alcohol/substance abuse assessment and treatment, but does not explicitly require use of ignition interlock devices for first offenders
  • First offense convictions of DUI in Oklahoma carry penalties of at least 10 (10) days of incarceration, but not more than one (1) year
  • Fines assessed up to $1,000 with minimum of additional $300 applied as DUI fees. Fines and fees expenses noted do not cover costs incurred during completion of other terms of criminal sentence or during administrative reinstatement process
  • Fines and incarceration penalties increase significantly if minor present in vehicle during first offense, with potential incarceration of not more than four (4) years with fines of not more than $2,000
  • Convictions for first offense DUI influence future DUI cases, including charges and sentencing, for a period of ten (10) years

Second Offense DUI in Oklahoma

A second DUI in Oklahoma is a felony. Under state law, a felony is any crime that carries a punishment of a year or longer in prison. A misdemeanor is any crime that carries a potential punishment of less than a year in prison. An Oklahoma court can sentence a second time offender to no less than one and no more than five years in prison, making it a felony crime.

In Oklahoma, a criminal penalty is one imposed by a criminal court. In addition to one to five years of imprisonment, the state allows courts to fine an offender a maximum of $2,500 and order then to attend a five day residential alcohol treatment program. If the program is not five days long, the offender must make up the difference in prison. Prior to admission to the program, an offender is evaluated by the state’s Department of Mental Health and Substance Abuse Services.

Third Offense DUI in Oklahoma

Upon being convicted of a third DUI offense, your license can be revoked for a period of up to three years. A special work permit may be allowed after a year’s suspension, but this too comes with an ignition interlock device installed in your vehicle.

Monetary fines or prison sentences are considered criminal penalties. For a third offense DUI in Oklahoma, the criminal penalties you will be subjected to are as follows:

  • A jail term that will last for a minimum of one year to a maximum of 10 years.
  • A financial penalty of up to $5,000 depending on the condition and occupancy of the vehicle at the time of the incident.
  • About 480 hours of community service.
  • One year of supervision and periodic testing along with participation in assessment and evaluation for treatment.
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