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Oklahoma DUI/DWI Laws

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Quick Overview of Penalties for DUI/DWI

  • BAC Percentage for Increased (Aggravated) Penalty – .15
  • License Suspension for 1st Offense – Yes
  • Limited Driving Privileges During Suspension – Yes
  • Ignition Interlock – Mandatory for high BAC, repeat offenders, and test refusal
  • Vehicle and License Plate Sanctions – None

General State Information

  • State Penal Code – OK Statutes, Title 47, 47-11-902v1
  • Open Container Laws – Yes
  • Repeat Offender Laws – Yes
  • Check Points – Yes – once or twice a month
  • Alcohol Exclusion Laws Limiting Treatment – Yes

Understanding DUI/DWI Penalties

There are four main factors that determine the severity of the penalties incurred:

  1. The age of the driver
  2. The substance impairing you. This may be drugs, or alcohol, or both
  3. The category of your driver’s license (Restricted, CDL)
  4. Whether you refused a chemical test

Chemical Test Refusal

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Oklahoma are:

 

1st Refusal

2nd Refusal

3rd Refusal

Lookback Period

  • In Oklahoma the lookback period is 10 years
  • Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties

Zero Tolerance

  • Drivers under 21 with a BAC of .00% or more will be charged with DUI/DWI
  • A BAC of .08% and above will result in the same penalties as drivers 21 and over

Penalties for Underage Drivers (under 21)

1st Offense

 

2nd Offense

DUI/DWI Penalties/Alcohol/Drug related (Non-Aggravated)

1st Offense

  • license suspension (30 day minimum, 180 day maximum)
  •  $500 – $1000 fine

 

2nd Offense

  • license suspension (6 month minimum, 1 year maximum)
  • $500 – $2500 fine

DUI/DWI Penalties/Alcohol/Drug related (Aggravated)

  • In Oklahoma an Aggravated charge will make an Ignition Interlock Device mandatory even on your first offense
  • All other penalties will be increased at the discretion of the judge

CDL Drivers (Commercial)

  • Those with a commercial driver’s license (CDL) are held to a stricter standard
  • The BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
  • An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
  • A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

Wet Reckless

  • Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
  • Oklahoma does allow for plea bargains in DUI/DWI cases
  • It can only be pleaded down to reckless driving
  • This allows you to avoid a criminal record
  • Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
  • The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
  • This plea bargain is typically only allowed for first time offenders with no aggravating factors involved