Understanding Oklahoma DUI Laws: What You Need to Know

Oklahoma has a number of DUI laws that can affect you if you are suspected of drinking and driving or doing drugs while operating a motor vehicle. It’s essential that you understand these laws, which is why our legal team has provided this comprehensive guide covering all things DUI-related in Oklahoma. We also offer confidential consultations to prospective clients to answer any questions that come up during the investigation process. 

What Constitutes a DUI Offense?

Driving under the influence in Oklahoma can mean many different things. You can face charges for DUI under Oklahoma Statutes § 47-11-902 if you drive, operate, or are under physical control of a motor vehicle when you:

• Have a blood or breath alcohol concentration of 0.08% when your blood or breath is tested within two hours of arrest
• Are under the influence of alcohol
• Have any amount of a Schedule I chemical or controlled substance, or one of its metabolites or analogs
• Are under the influence of any intoxicating substance other than alcohol, which may render you incapable of safely driving or operating a motor vehicle; or 
• Are under the combined influence of alcohol and any other intoxicating substance, which may render you incapable of safely driving or operating a motor vehicle 

BAC Limits 

Different blood alcohol concentration levels can subject a person to punishment under Oklahoma drinking and driving laws. For most people, a BAC of 0.08% or higher renders them legally intoxicated. However, Oklahoma has a zero-tolerance law for drivers under age 21. If these drivers have a BAC of 0.02% or above, they can face charges for underage DUI. 

Under Oklahoma law, it’s illegal for commercial drivers to operate a commercial vehicle with a BAC of 0.04% or higher. Additionally, a driver can be charged with DUI even when they have lower BAC limits than these when the alcohol in your system negatively affects your driving ability. 

Penalties for DUI in Oklahoma 

Various factors can affect the penalties you face if charged with DUI in Oklahoma, including your criminal record, the offense you are charged with, and your BAC. Oklahoma takes drinking and driving seriously, and the potential penalties correspond to this seriousness. Possible penalties include the following:

• Incarceration: First-time offenses for DUI can result in jail time for up to one year. The specific sentence will depend on the specifics of the case, including whether any aggravating factors are present.
• Fines: A first-time DUI offense can result in a fine of $500 to $1,000. However, these fines can increase if aggravating circumstances exist, such as a high BAC or an accident involving injury. 
• License suspension: First-time offenders are often subject to a 180-day driver’s license suspension. The suspension period can be more extended if you refuse a breathalyzer test in violation of the implied consent law or you have a high BAC. Commercial drivers are generally subjected to an administrative suspension of one year.
• Substance abuse treatment: The court can order you to attend mandatory substance abuse treatment. This may include education classes as well as counseling.
• Community service: You can be ordered to perform community service. The number of hours you must complete can vary based on your case specifics and the judge’s discretion.
• Ignition interlock device: You may be required to install an ignition interlock device in your vehicle. For first-time offenders, this is usually for six months. With an ignition interlock device, you must provide a clean breath sample before the vehicle starts. You will likely be required to pay for the installation and service of the ignition interlock device.
• Probation: The court can order you to be on probation instead of or in addition to these other criminal penalties. Under probation, you may be required to meet regularly with a probation officer, abstain from drugs and alcohol, and complete community service. If you violate these conditions, you can be subject to harsher penalties. 

For a second offense DUI, you can face a fine of up to $2,500, a minimum 365-day license suspension, and one to five years imprisonment. For a third or subsequent offense, you can face a maximum $5,000 fine, a minimum driver’s license suspension of three years, and one to ten years in prison.

The presence of aggravating factors can increase the potential penalties you receive. These factors may include:

• High BAC: If you have a BAC that is significantly higher than the legal limit, it can result in enhanced penalties. 
• Accidents: If drinking and driving resulted in an accident that caused property damage, you may be subject to harsher penalties.
• Physical injuries: If drinking and driving resulted in bodily injury or death, you may be subject to severe penalties.
• Child passenger: If a child was traveling with you when you were drinking and driving, you may face additional penalties and criminal charges.
• Refusal to submit to testing: If you refuse to submit to testing in violation of the state’s implied consent law, you can face additional fines and longer administrative suspensions of your driver’s license.

Because these factors tend to pose additional risks to the public, they often result in harsher penalties. The judge has the discretion to sentence a convicted person based on the totality of the circumstances. 

Implied Consent Law 

Oklahoma has an implied consent law. Under this law, every licensed driver has provided advance consent to breath or blood alcohol testing if they are stopped as part of a valid DUI stop. If they refuse the test, they will automatically lose their driver’s license privileges for six months or more. Additionally, their refusal may be used against them in their criminal case.

License Revocation and Mandatory Interlock for Underage Drivers

Drivers under the age of 21 are subject to license revocation and the installation of a mandatory ignition interlock if they are convicted or receive a deferred sentence for any of the following:

• A first drug or alcohol offense, including possession, use, or abuse
• Having any amount of alcohol found in their system
• Refusing to take a blood or alcohol test in violation of the implied consent law
• Misrepresenting their age to illegally obtain alcohol

Social Host Penalties

If a social host provides alcohol to someone under 21, they can be subject to a fine of up to $500. If someone is injured or killed due to a violation of this law, the host can be charged with up to five years imprisonment and a fine of up to $2,500.

Aggravated DUI 

You can be charged with aggravated DUI under certain conditions that indicate a higher level of danger, including:

• High BAC: If you have a BAC of 0.15% or higher, you can be charged with aggravated DUI. 
• Accidents resulting in injury or death: If your drinking and driving resulted in an accident that caused injury or death, the criminal offense is considered aggravated DUI.
• Physical injuries: If drinking and driving resulted in bodily injury or death, you may be subject to severe penalties.
• Minor passenger: If a child passenger was in the vehicle at the time of the offense, you can be charged with aggravated DUI..
• Previous DUI convictions: If you have previous criminal convictions for DUI, you can face additional charges. 
• Other factors: Reckless driving, excessive speeding, or evading law enforcement can elevate DUI charges to aggravated DUI.

The potential penalties for aggravated DUI are more severe than for a typical DUI charge and may include: 

• Increased jail time: Mandatory jail sentences are longer for aggravated DUI convictions. A first offense can result in up to one year in county jail.
• Higher fines: Aggravated DUI charges often coincide with fines of several thousand dollars.
• Mandatory substance abuse treatment: Those convicted of aggravated DUI may have no choice in accepting help for a drug or alcohol problem. 
• Installation of an ignition interlock device: Aggravated DUI charges can result in the requirement of mandatory ignition interlock installation.
• Longer loss of driving privileges: License suspension periods are often much longer, often lasting several years. Repeat offenses can result in permanent loss of driving privileges.
• Longer probation: An aggravated DUI conviction can result in extended probation periods. 

Defenses to DUI 

A charge for DUI will not mean an automatic conviction. An experienced attorney can evaluate your case for possible defenses, such as:

Lack of Reasonable Suspicion 

Police must have a valid reason to initiate the traffic stop. If they did not have reasonable suspicion to believe you were committing a crime or traffic violation and stopped you anyway, your DUI defense attorney could have grounds to argue the stop was illegal.

Incorrect Administration of Field Sobriety Tests 

Field sobriety tests must be conducted according to specific procedures. If they are not, they can result in unreliable findings.

Illegal Search and Seizure 

Your criminal defense attorney could argue that the police conducted an illegal search without probable cause. If the judge agrees, evidence they obtained from the unlawful search could be suppressed.

Medical Conditions 

Various medical conditions can affect how a person’s body breaks down alcohol. If you have GERD, diabetes, or other medical conditions, the test results may be called into question.

Defective Testing Devices 

If testing equipment was not properly calibrated or was not functioning, it could result in false readings.

Problems with the Administration of the Test 

Problems could have occurred during the testing process, including how the sample was handled or the instructions you were given. 

Chain of Custody Issues 

It is possible that police mishandled your sample in a way that calls its credibility into question. It could have also been contaminated with another sample. 

Lack of Evidence 

It is ultimately the prosecution’s responsibility to prove your guilt beyond a reasonable doubt. If there is not sufficient evidence, the charges against you could be dropped, or you could be acquitted. 

Skilled attorneys can explore all the options for defending your case. At Fassio Law, we offer DUI defense services throughout Oklahoma City, El Reno, Edmond, Yukon, Norman, Mustang, and surrounding areas in Oklahoma. 

How an Oklahoma DUI Defense Lawyer Can Help 

An Oklahoma DUI defense lawyer can review the charges against you, conduct an independent investigation, and devise a strong defense on your behalf. Your lawyer can explore options for having the charges against you dismissed or reduced. They can also explore alternatives to jail, such as drug court or treatment. You can learn more about your legal rights and options when you contact Fassio Law for a confidential case review.