Skip to content.

Oklahoma DUI Attorney
Sections

Oklahoma DUI Penalties

Document Actions
Penalties for a Oklahoma DUI, DWI and Driver's License case.
Oklahoma DUI Attorney John Hunsucker

Driving Under the Influence (DUI)

Driving Under the Influence (DUI) can be charged against you several ways in Oklahoma. If you are arrested by a city or municipal police officer, the police officer has the option (subject to their department's policies) of charging you in the city court or in the state district court. If the DUI is filed in the city court, the penalties range from no jail time to 6 months jail time and/or a fine. If you are arrested by the Oklahoma Highway Patrol, a county deputy, the charge will be filed in the state district court. Certain jurisdictions like Nichols Hills and The Village always take their DUI cases to Oklahoma County as a matter of city policy.

If it is your first driving under the influence (DUI) offense and no one was injured and as long as there wasn't a minor in the car, the DUI will be filed as a misdemeanor. State misdemeanor DUI carries a fine of up to $1000.00 and jail time of at least 10 days but not more than one year in the county jail. The sentence can be deferred resulting in no conviction or the jail time can be suspended. Although DUI is a serious charge, most people will not be required to do any jail time on a first time misdemeanor DUI offense. (Be careful as some of my competitors will try and scare you by telling you that jail time is a real possibility in an effort to charge you more.)

If you are charged in a municipality (city) court, then the fines will generally be lower. If it is your first offense, it is generally possible to have the charge reduced or dismissed after certain requirements are met. If your charge is in Oklahoma City Municipal Court, the charge carries up to a $1200.00 fine and up to 180 days. If the charge is not able to be beat at trial or dismissed through motions, generally a person will pay fine and receive 180 days supervised probation and upon successful completion, the Dui is reduced or dismissed. Oklahoma City Municipal Court is a court of record so charges there can be used to enhance to a felony if arrested for DUI again.

If you have a prior conviction or deferred sentence for DUI from a court of record (District Court or Oklahoma City and Tulsa Municipal Courts), the prior case can be used to enhance your new case to a felony for a period of ten years from the end of the probation on the previous charge. Depending on prior convictions, felony DUIs carry a minimum of one year up to either five, ten, or twenty years in the state penitentiary. The fine can be as high as $7500.00. The sentence can be deferred or the jail time can be suspended. The ability to use a deferred sentence to enhance a new DUI charge to a felony was the result of a law change November 1, 2011. The Oklahoma Court of Criminal Appeals has held that only deferred sentences received after November 1, 2011 can be used to enhance to a felony DUI however. Thus, if your deferred sentence was received prior to November 1, 2011, it cannot be used to enhance your new case to a felony DUI

If you have an accident while driving under the influence resulting in great bodily injury, the State can charge you with a felony regardless of whether you have any prior convictions. If a death results, you can be charged with Manslaughter which carries up to life in the State Penitentiary.

Aggravated Driving Under the Influence (Aggravated DUI)

Oklahoma has a statute making any DUI where the driver has a blood or breath alcohol level of .15 or more an Aggravated DUI. This has no effect on whether your charge is filed as a misdemeanor or felony. The fact that you blew .15 BAC or more does not make your case a felony. It does add additional penalties like installation of an interlock and periodic treatment throughout probation if convicted.

If you are under the age of twenty-one and have a BAC of .02 or more, you can be charged with DUI Under 21. This charge carries fine and community service only. Moreover, a conviction cannot be used later to enhance a subsequent DUI to a felony. Like all other DUI charges, a conviction will suspend your Oklahoma driving privileges. Be advised though, if you have a BAC of .08 or more, the prosecutor can and most likely will file a regular DUI charge against you.

Additionally, in all of these cases, you may be required to complete an alcohol/drug assessment (highly likely), attend a victim's impact panel also known as VIP (highly likely), complete community service, attend AA meetings, pay probation fees, and/or complete a DUI school.

Driving While Impaired (DWI)

If your test results show a BAC of .06 or .07, you can be charged with Driving While Impaired (DWI). If charged in city or municipal court, it will carry a fine and possible jail time. If the charge is filed in State District Court, DWI carries a penalty of a fine up to $500.00 and/or jail time of up to six months in the county jail. DWI only carries a license revocation upon conviction. Most of my DWI clients do not take a conviction and thus, never suffer any license revocations. Some people will confuse this with Driving While Intoxicated which is a Texas law that is the same as our Oklahoma DUI law. There is no such charge as Driving While Intoxicated in Oklahoma.

DUI Under 21

If you are under the age of twenty-one and have a BAC of .02 or more, you can be charged with DUI Under 21. This charge carries fine and community service only. Moreover, a conviction cannot be used later to enhance a subsequent DUI to a felony. Like all other DUI charges, a conviction will suspend your Oklahoma driving privileges. Be advised though, if you have a BAC of .08 or more, the prosecutor can and most likely will file a regular DUI charge against you.

Actual Physical Control

Another DUI related charge is Actual Physical Control of a Motor Vehicle Under the Influence of Alcohol. This charge is commonly referred to as APC. The difference between DUI and Actual Physical Control (APC) is that DUI requires actual operation of the motor vehicle. The penalties and license consequences are the same as lasted for DUI.

You may be required to complete an alcohol/drug assessment (highly likely), attend a victim's impact panel also known as VIP (highly likely), complete community service, attend AA meetings, pay probation fees, and/or complete a DUI school.

Child Endangerment Resulting From DUI

Oklahoma passed a new law in 2009 making it a felony to have a child in the car if you are operating the car under the influence of alcohol or drugs. This charge carries up to four years in the state penitentiary and/or a fine of up to $5000.00. Also, a parental non-driver may be charges with this same statute if the parent or guardian knew or should have known that the driver was impaired by or was under the influence of alcohol or other intoxicating substance.

Manslaughter

If you are DUI or DWI and have an accident where a death results, you can be charged with Manslaughter which is a felony crime in Oklahoma. Manslaughter carries a penalty of minimum four years up to life in prison. If you are charged with this crime, it is very important to contact us IMMEDIATELY so we may file motions to preserve evidence (including the cars) so that our experts and accident reconstructionists can collect their own data to aid in your defense. If you have a prior DUI conviction from a court of record within the previous ten years, it is possible that you can be charged with Felony Murder (Murder II).

Oklahoma Driver's License Penalties

Refusing to take a breath test or blood test or testing a BAC of .08 or more will result in a license suspension of 180 days if you have not had any other revocations in the preceding ten years. This revocation can be contested (and perhaps prevented) by requesting an administrative hearing within 15 days (calendar days, not business days) of receiving notice that you tested over the legal limit or refused to take the State's test. This notice is contained on the Officer's Affidavit that you were given at the jail and thus, the date is generally the same as the DUI or APC arrest date. If you submitted to a blood test as the State's test, then the 15 days does not start until receiving notice that the test showed a BAC over the legal limit.

This request is made to the Department of Public Safety and there are no waivers of the 15 days to file. If you lose your license, this revocation may be modified usually resulting in operator's driving privileges 24 hours a day, 7 days a week as long as the vehicle is equipped with an ignition interlock device. However, some judges may limit or time restrict the hours allowed to drive. If you are required to drive company vehicles during work hours, depending on the circumstances, an ignition interlock device may not be required for you to operate those vehicles. This is the only option for driving privileges during the revocation period. Oklahoma no longer provides for a "work permit", only modified licenses.

If you have had prior revocations within the preceding ten years, the revocation period will be for either 1 or 3 years depending on prior revocations. These revocation periods are still modifiable with the installation of an ignition interlock device.

If it is a first revocation (180 days) and you refused to take the test or had a .15 BAC or more, when you reinstate your license, you will be require to install an ignition interlock device on your vehicle for an additional 18 months under the Erin Swezey Act. If it is your second or third revocation within a ten year period, the additional interlock requirement after the 1 or 3 year revocation is 4 years or 5 years. On these revocations, it applies to refusals and any BAC level over the limit.

PLEASE NOTE THAT THIS INFORMATION IS CURRENT TO THE NEW OKLAHOMA DUI LAWS THAT TOOK EFFECT OCTOBER 1. 2013. THUS, YOU MAY SEE CONFLICTING OUTDATED INFORMATION ON OTHER WEBSITES THAT HAVE NOT BEEN UPDATED.

Oklahoma DUI Consultation
(Required)
(Required)
(Required)
(Required)
(Required)
(Required)
NOTE: The code above MUST be entered in all lower case characters.

The information on this website is provided as educational and awareness information and should not be construed as legal advice. Nothing contained on this site constitutes any type of legal agreement, relationship, or obligation between the parties.

 DUI Questions
 · What is the difference between DPS License Hearing and Criminal Case?
 · What if I have a Commerical Drivers License ( CDL )?
 · What if I have a Pilot's License and I get a DUI?
 · What are the criminal penalties of a DUI in Oklahoma? 
 · What will happen to my Oklahoma Driver's License if I am arrested for a DUI?
 · Will I go to jail for getting a DUI in Oklahoma?
 · Are Field Sobriety Tests very accurate?
 · How Accurate is the Breath Test?
 · How is the Breath Testing Done?
 · Can anything affect my performance on the Field Sobriety Tests?

More FAQS on DUI

 Field Sobriety Tests - Do you have to submit to these tests?
Every single DUI case is different, but as a general rule, it is almost always better to take the test in Oklahoma. However, if you have several convictions for DUI and fail time is more of the concern versus saving your Oklahoma driver's license, then you should not take the test unless you think you will pass it.

· To Take the Test or not, that is the question?
· What are Field Sobriety Tests?
· Horizontal Gaze Nystagmus (HGN)
· Walk & Turn
· One Leg Stand
· Counting Backwards (not a validated test)
· Alphabet (not a validated test)
· Finger Count (not a validated test)
· Stationary Balance (i.e. Rhomberg) (not a validated test)
· Field Test Realities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

New DUI Laws
Effective Nov 1, 2011

If you refused to take the breath or blood test or the result was a .15 or higher BAC, you may be required to install an ignition interlock device on your car for two years. If you have prior license revocations, you may be required to install an ignition interlock device on your vehicle for up to 8 years. Contact our office at 405-231-5600 now to see if these new laws apply to you. Remember, we must take action within 15 days of your arrest to prevent license suspension.

DUI Penalties
Field Sobriety Test
Calculate your BAC
College Students
Out of State Residents