Drivers in Oklahoma may be charged with a DUI and face Oklahoma DUI penalties if they operate a motor vehicle with a blood alcohol content (BAC) at or above .08 percent. This limit drops to .04 percent for commercial drivers. For drivers under the age of 21, Oklahoma is a zero tolerance state, which means that any detectable amount of alcohol in the blood while driving is grounds for a DUI charge. Oklahoma also has a zero tolerance policy toward any controlled substance in the blood while driving.
The state also enacted a controversial new law in 2013 penalizing drivers with any detectable amount of THC in their system regardless of whether or not the individual is impaired or even used marijuana, of which THC is the primary psychoactive ingredient, days or even weeks prior to being stopped by police.
As of 2010, all drivers convicted of a DUI — even if it is a first offense — will have to attend a mandatory program of substance abuse evaluation and treatment as part of increasingly toughened Oklahoma DUI penalties.
The status of the DUI depends on the length of the prison sentence, if any. Oklahoma law regards any sentence of one year or greater to accompany a felony. If the sentence is less than one year or there is no incarceration, the offense is considered a misdemeanor.
The look-back period for multiple offenses in Oklahoma is 10 years.
Penalties for a 1st DUI Offense
A first offense in Oklahoma will cost a driver his or her license for 30 days. The person may face a potential jail term of between five days and one year, which can increase up to four years if there is a minor under the age of 18 present in the person’s vehicle at the time of the DUI stop. The penalties for a first offense also include a fine that ranges from $500 to $1,000 that is doubled if a minor under the age of 18 is present. In addition to the fine, there is a mandatory DUI fee of at least $300.
Under the Erin Swezey Act of 2011, even first-time DUI offenders may have to have ignition interlock devices installed in their vehicles at their own expense if their BAC exceeded .14 percent.
Penalties for a 2nd DUI Offense
A second DUI conviction in Oklahoma results in a license suspension for six months. The driver may also be ordered to use an ignition interlock device for a period of time after the suspension. The jail sentence ranges from one to five years, but some of the sentence may be served in a treatment program. The fine for a second DUI can be as much as $2,500, and this is doubled if a minor under the age of 18 was present in the vehicle at the time of the DUI stop.
Penalties for a 3rd and Subsequent DUI Offense
Any DUI conviction beyond the second in Oklahoma results in a sentence of one to 20 years, a fine up to $2,500 (doubled if a minor under 18 was present in the vehicle), a license suspension of one year, a period of mandatory ignition interlock device use after the jail time and suspension have been served, 480 hours of community service and one year of supervision and substance testing.
Penalties for Refusal of Testing
If a driver refuses to take a substance test after being pulled over, his or her license will be automatically suspended for six months. A second refusal results in a suspension of one year while a third refusal results in a suspension period of three years. A driver may also be ordered to use an ignition interlock device for a period of 18 months solely on the basis of a refusal.