While drinking alcohol under the legal age of 21 is common for many, Oklahoma takes a hard stance against anyone under the age of 21 who drinks and then decides to drive. Being convicted of driving while impaired (DWI) or driving while under the influence (DUI) in Oklahoma is a serious offense. It carries serious consequences, too, including fines and the loss of driving privileges.
If you or your child is facing charges for DUI under 21, you need an experienced criminal defense attorney who can protect your legal rights and future. Fassio Law provides DUI defense representation for minors and adults. We understand the high stakes involved and have extensive experience defending our clients' rights. Call us today to arrange a confidential consultation.
What Is Oklahoma’s Zero-Tolerance DUI Law
Many states, including Oklahoma, have strict laws concerning the consumption of alcohol by minors. The zero-tolerance policy in Oklahoma states that an underage driver can be charged with the offense of DUI under 21 if any of the following are true:
- They have any measurable quantity of alcohol in their blood or breath at the time a test is administered within two hours of their arrest.
- They exhibit evidence of being under the influence of any intoxicating substance as shown by an analysis of a specimen of their blood, breath, saliva, or urine.
- They exhibit evidence of the combined influence of alcohol and any other intoxicating substance.
Therefore, under this law, a person under 21 can be arrested if they are driving and have any trace of alcohol in their system, as determined by measuring their blood alcohol content in accordance with the law. And because they have pre-consented to be tested by virtue of having a driver’s license based on the implied consent law, they cannot legally refuse testing without serious consequences.
How Underage DUI Laws Differ from Standard DUI Laws
For most motorists, the legal level of intoxication is 0.08%. If they are at or above this blood alcohol concentration, they can be arrested for DUI, even if their driving seemed fine.
This is not the case for underage drivers. Any discernible amount of alcohol in the driver’s system can lead to an arrest, even if they are well under the legal limit for adult drivers.
Minor DUI penalties also differ from those given to adult offenders.
Penalties for an Underage DUI Conviction in Oklahoma
For adult offenders, a DUI conviction can result in one to five years of jail time for first-time felony charges. Subsequent offenses can result in jail time of 1 to 10 years. For an underage DUI, there is no associated prison time.
Instead, the major penalty is being sentenced to many hours of community service, which can interfere with their work and studies. The potential penalties depend on how many times the defendant has been convicted, as follows:
- First-time conviction: A minimum of 20 hours of community service, required completion of a drunk driving treatment program, and a fine between $100 and $500
- Second-time conviction: A minimum of 240 hours of community service, required completion of a drunk driver treatment program, and a fine between $100 and $1,000.
- Third or subsequent conviction: A minimum of 480 hours of community service, a fine of $100 to $2,000, completion of a treatment program, and possible license suspension.
If you refuse to take a test in violation of the implied consent law, you can be charged with a criminal misdemeanor, punishable by up to 10 days in jail and a fine of up to $1,000.
You may face additional penalties for other crimes or infractions related to the drinking and driving, such as being a minor in possession of alcohol or reckless driving.
How an Underage DUI Affects Your Driving Record and Future Opportunities
In addition to the court-imposed punishments, you may face other life-altering penalties, such as:
Driving Record Consequences
After a DUI arrest, a separate proceeding with the Oklahoma Department of Public Safety (DPS) begins. This administrative process allows the state to remove your driving privileges. You or your attorney must contact DPS within 15 days of your arrest to request an administrative hearing to try to keep your driver’s license. If you do not request a hearing, your license is automatically suspended 30 days after your arrest.
During this hearing, a DPS officer determines whether the arresting officer complied with the Board of Tests rules. If your driver’s license is suspended, this can interfere with your ability to get to work and school. You will also have to pay expensive reinstatement fees once the suspension period is over.
Potential Loss of Future Opportunities
In addition to the criminal penalties and possible loss of your driving privileges, an underage DUI can have a significant impact on your future opportunities, including your education and employment.
Let’s look at an example. What happens if you get a DUI at 17? You may have already started applying to colleges. Once the school learns of your predicament, it may rescind your offer. You may miss out on the opportunity to attend college and further your studies.
Even if you decided to work instead of attending university, job offers can also be rescinded. Career opportunities are often limited for people with criminal histories. Quickly, you can see that your young life has been significantly impacted with an unclear future ahead of you.
If you’re already in school or working, you could be subject to disciplinary action. You could be expelled or fired from your job. When you go to apply for new jobs, you can expect your conviction to appear on criminal background checks, further limiting your options.
These serious penalties underscore the importance of working with an experienced attorney. Our Oklahoma City criminal defense attorneys understand these personal challenges and can provide you with dedicated legal representation designed to minimize or eliminate the consequences of a conviction. Call us today to learn more about how we can help.
Can an Underage DUI Be Expunged?
Oklahoma’s Clean Slate laws are set to go into effect beginning November 1, 2025. Under these new rules, you may be able to have your criminal charges expunged. Eligibility depends on several factors, including:
- The nature of the charge
- The disposition of the charge
- Any criminal penalty you received
- Whether you were convicted of any other misdemeanor or felony charges
- Whether any criminal charges are pending against you
If you’d like to know whether the charges against you can be expunged, contact our Oklahoma expungement lawyers today for a confidential consultation.
How to Defend Against an Underage DUI Charge
Because underage DUI charges can arise based on any trace of alcohol being found in your child’s system, defense strategies may need to be targeted to show that your child did not knowingly consume any alcohol or that the underlying stop was not legal.
For example, the breath machine may have contained residue from a previous tester and not been properly calibrated, resulting in an incorrect finding. Or, police may not have had any reasonable suspicion that your child had committed a traffic offense when they pulled them over.
Our experienced criminal defense lawyers have powerful insights into effective defense strategies. We can carefully evaluate your child’s case and devise a legal strategy tailored to the specific situation.
The Role of Parental Responsibility in Underage DUI Cases
If you provided alcohol to your child, you could face separate criminal charges, such as providing alcohol to a minor or contributing to the delinquency of a minor. If your child is a minor, their case could be adjudicated through juvenile court proceedings, and you could be required to participate in your child’s rehabilitation, participate in alcohol and drug education programs with them, attend counseling, take parenting classes, or participate in other court-ordered programs. Refusing to cooperate with these orders can result in fines and contempt of court charges.
Additionally, if you were found to have supplied alcohol to your underage child or to have negligently supervised them, you may be civilly liable for any damages they caused due to their drunk driving.
If you are concerned about these possible consequences, reach out to an experienced attorney today for legal advice and representation.
What to Do If Your Child Is Arrested for DUI in Oklahoma
If your child is arrested, you should tread carefully. You’ll likely want to ask what happened, but phone calls from jail are recorded, so don’t communicate about anything that is not absolutely necessary.
Arrange for their bail so they don’t have to stay in jail and to minimize the trauma of this ordeal. Tell them not to talk to police and not to plead guilty when they appear before the district judge at the bail hearing.
Contact an experienced criminal defense attorney who can handle the legal process and offer your family legal guidance during this challenging time.
How a DUI Attorney Can Help Minors Avoid Harsh Penalties
At Fassio Law, we provide dedicated legal representation to individuals facing serious criminal charges, including DUI and underage DUI. We understand that your child’s future is at stake, and you don’t want one mistake in their youth to dictate their entire future.
An experienced attorney from our criminal defense firm can explore options for early intervention, including possible dismissal or reduction of charges. Drug and alcohol treatment programs may be a better option than criminal consequences.
Our attorneys have decades of combined legal experience, and our founding attorney is a former prosecutor. We know how to prepare these cases and fight to protect our clients’ rights.
We represent clients facing DUI charges in Edmond, El Reno, Mustang, Norman, Oklahoma City, and Yukon. Contact us today to schedule a confidential case evaluation.
Related:
Can You Be Charged with DUI for Prescription Drugs or Marijuana in Oklahoma?
