Oklahoma DUI Laws & Penalties

Oklahoma DUI Laws Overview

Oklahoma DUI laws state that it is unlawful for any person to operate or attempt to drive a motorized vehicle in the state of Oklahoma while under the influence of alcohol, drugs, intoxicants or any combination thereof with a blood alcohol concentration level of .08% or greater.

It is not necessary for a person who is stopped on suspicion of driving under the influence in Oklahoma to show the typical signs of impairment one would expect to see in someone who has been consuming alcohol or drugs, just the fact that that person’s BAC level is above the legal limit of .08% or greater will get you arrested for DUI in Oklahoma.

A person can still be arrested and charged with DUI in Oklahoma even if their BAC level is below the legal limit just by displaying signs of impairment that are consistent with driving under the influence.

Even before an officer stops someone on suspicion of DUI, the officer is already starting to build a case against that individual starting with observing the individual’s driving behavior prior to initiating a DUI stop. The officer is going to be observing whether or not you are swerving within your own lane or whether or not you are swerving over the lane markers.

He will also be looking for other signs like excessively wide turns, how you are maintaining your speed versus the posted speed limit and other various observations. All of this is going on even before the officer initiates a DUI stop.

When you are stopped the officer is going to start by asking the obvious questions as to whether or not you’ve been drinking and then the officer will proceed into asking you to perform some field sobriety tests. It is not required by law that you submit to the field sobriety tests, you have every right to kindly refuse to submit to them.

You are however, required by Oklahoma’s implied consent law to submit to a chemical test. If you refuse to submit to a chemical test the arresting officer must inform you of the penalties for a test refusal and then ask you a second time if you will submit to a breath test.

Every driver who holds a Oklahoma driver’s license has agreed to the state’s implied consent law when they initially accepted their Oklahoma driver’s license. Basically the implied consent law says that if you are stopped on suspicion of driving under the influence you shall submit to a chemical test to check for alcohol, drugs or intoxicants in your body.

You only have 15 days from the date of your arrest to request an administrative hearing with the Oklahoma Department of Public Safety to challenge the DPS’s suspension of your driver’s license. Administrative hearings can be quite intimidating without an Oklahoma DUI lawyer on your side who knows the administrative hearing process.

The scope of the administrative hearing will be to determine if the arresting officer had probable cause to arrest you, did the officer request that you submit to a chemical test and if you refused the chemical test did the officer inform you of the penalties for refusal, and the last item that will be covered will be whether or not you refused or submitted and fail the chemical test.

Oklahoma First Offense DUI Penalties

An Oklahoma first offense DUI conviction is a Misdemeanor offense and carries the following penalties:

Jail time: For a first time offense conviction you will be facing a minimum of 10 days in jail up to a maximum of 1 year in jail.
Fines: The fines for a first offense conviction will be $500 – $1,000 plus court costs.
Community service: There is no required community service for a first offense.
Test refusal: A first offense refusal will result in a 6 month license revocation followed by an 18 month ignition interlock requirement.
Ignition interlock: An ignition interlock is required for BAC of .15% or higher or a first refusal. Interlock is required for 18 months or until license is fully reinstated, whichever is longer.
License suspension: Your license will be suspended for 30 – 180 days following a first offense. You may be eligible for a hardship license that will allow you to drive to and from work and other court approved destinations. To find out if you are eligible you can call (405) 425-2098 and get the answers you need.

Before the Oklahoma Department of Public Safety will reinstate your license following your suspension period or before issuing you a hardship license they will require you to show proof of financial responsibility in the form of an Oklahoma SR22 insurance policy. You will also have to pay a license reinstatement fee.

Oklahoma Second Offense DUI Penalties

An Oklahoma second offense DUI conviction is a Felony offense if it occurs within 10 years of a previous offense conviction. The fines and penalties for a second offense are as follows:

Jail time: For a second time offense conviction you will be facing a minimum of 1 year in jail up to a maximum of 5 years in jail.
Fines: The fines for a second offense conviction will be $500 – $2,500 plus court costs.
Community service: There is no required community service for a second offense.
Test refusal: A second offense refusal will result in a 1 year license revocation followed by 4 years ignition interlock requirement.
Ignition interlock: An ignition interlock is required for 4 years or until license is fully reinstated, whichever is longer.
License suspension: Your license will be suspended for 6 months to 1 year following a second offense. You may be eligible for a hardship license that will allow you to drive to and from work and other court approved destinations. To find out if you are eligible you can call (405) 425-2098 and get the answers you need.

Oklahoma Third Offense DUI Penalties

An Oklahoma third offense DUI conviction is a Felony offense no matter when the previous offenses occurred. The fines and penalties for a third offense are as follows:

Jail time: For a third time offense conviction you will be facing a 1 – 7 year jail sentence.
Fines: The fines for a third offense conviction will be up to a maximum of $5,000 plus court costs.
Community service: Third offense can be facing 240 plus hours of community service.
Test refusal: A third offense refusal will result in a 3 year license revocation followed by 5 years ignition interlock requirement.
Ignition interlock: An ignition interlock is required for 5 years or until license is fully reinstated, whichever is longer.
License suspension: Your license will be suspended for 1 – 3 years following a third offense. You may be eligible for a hardship license that will allow you to drive to and from work and other court approved destinations. To find out if you are eligible you can call (405) 425-2098 and get the answers you need.

Before the Oklahoma Department of Public Safety will reinstate your license following your suspension period or before issuing you a hardship license they will require you to show proof of financial responsibility in the form of an Oklahoma SR22 policy. You will also have to pay a license reinstatement fee.

Oklahoma CDL OVI/DUI Laws

A person operating a commercial motor vehicle in the state of Oklahoma while under the influence of alcohol, drugs or an intoxicant with a blood alcohol concentration of .04% or greater or failing to submit to a chemical test is in violation of the state’s laws regarding CDL’s and will be arrested for DUI and your CDL will be revoked for a period of 1-year following a first offense violation. A second CDL DUI offense will result in your CDL being revoked for life.

If you were carrying hazardous materials at the time, your CDL will be revoked for 3-years. A second offense violation while carrying hazardous materials will result in a permanent CDL revocation, you will never be able to drive or operate a CMV again. A CMV operator stopped and found to have any measurable amount of alcohol less than .04% in their system will be issued an “out-of-service” notice and will not be allowed to drive for the next 24-hours.

Oklahoma DUI Under 21 Years of Age

Anyone who is stopped for violating Oklahoma’s “zero tolerance” law regarding under age drinking and driving will have their license revoked for 6 months for a first offense violation. You will also be fined between $100 and $500 and be required to perform 20 hours of community service. At the court’s discretion they impose any combination of the above penalties.

Anyone who is stopped for violating Oklahoma’s “zero tolerance” law regarding under age drinking and driving will have their license revoked for 1-year for a second offense violation. You will also be fined between $100 and $1,000 and be required to perform 240 hours of community service. At the court’s discretion they impose any combination of the above penalties.

Anyone who is stopped for violating Oklahoma’s “zero tolerance” law regarding under age drinking and driving will have their license revoked for 3-years for a third offense violation. You will also be fined between $100 and $2,000 and be required to perform 480 hours of community service. At the court’s discretion they impose any combination of the above penalties. you will also be required to have an ignition interlock device installed on your vehicle for a minimum of 30 days.

If you were were stopped with a BAC level above the legal limit you will be facing the same fines and penalties as someone over the age of 21 would be facing for the same offense.

You will also be required to show proof of financial responsibility in the form of an SR22 insurance policy before the BMV will reinstate your license or issue you a temporary driving permit..

Oklahoma SR22 Requirements

Before the Oklahoma Department of Public Safety will reinstate your license following your revocation period, they will require you to file an SR22 form with them before issuing you a new license. You will be required to carry your SR22 insurance for a period of 3-years.

At anytime during this 3-year period if there is a lapse in your Oklahoma SR22 insurance coverage, your insurance provider is obligated by law to immediately inform the Oklahoma DPS of the lapse. If a lapse in coverage occurs, the Oklahoma DPS will immediately revoke your license and you will be required to re-file an SR22 form with the DPS before they will issue you another license.

Since you are going to have to have your SR22 insurance for a period of 3-years, it is important to find the cheapest policy you can before choosing one. DUI Process has partnered with the largest and most trusted SR22 insurance provider in the state of Oklahoma and has worked out a special discount only available here for our website visitors.

Additional Oklahoma DUI Resources

Oklahoma First Offense DUI – First offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more.
Oklahoma SR22 Insurance Filing – We have compiled everything you need to know about Oklahoma’s SR22 insurance and filing requirements including important addresses, phone numbers, etc.
Oklahoma DUI Classes – We offer a complete listing of state approved DUI & alcohol abuse classes.
Oklahoma Bail Bondsmen – Comprehensive list of Oklahoma bail bond agents including address, phone, website, etc.