Oklahoma Drunk Driving Laws

When is a Driver Considered to be Legally Drunk in Oklahoma?

Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
Drivers of commercial vehicles are legally drunk when their blood alcohol level is .04 percent or greater. In Oklahoma, school bus drivers are commercial drivers.
Drivers under 21 are legally drunk when their blood or breath contains any measurable quantity of alcohol.

Penalties for Drunk Driving in Oklahoma

A first-time offender faces 10 days to one year in prison and is subject to pay a fine of up to $1,000. First-time offenders are also required to participate in a substance abuse assessment and consultation and follow all recommendations made as a result of the assessment and consultation. The driver’s license revocation period is 180 days.
A person who commits a second DUI within 10 years of the first conviction faces one to five years in prison and is subject to pay a fine of up to $2,500. Second-time offenders are also required to participate in a substance abuse assessment and consultation and follow all recommendations made as a result of the assessment and consultation. If the second offense occurred within five years of the first offense, the driver’s license revocation period is up to one year.
A person who commits a third DUI faces one to seven years in prison and is subject to pay a fine of up to $5,000. Third-time offenders are also required to participate in a substance abuse assessment and consultation and follow all recommendations made as a result of the assessment and consultation, perform 240 hours of community service, and use an ignition interlock device. If the third offense occurred within five years of the prior offenses, the driver’s license revocation period is up to three years.
A person who commits a fourth or subsequent offense faces one to 10 years in prison and is subject to pay a fine of up to $10,000. Third-time offenders are also required to participate in a substance abuse assessment and consultation and follow all recommendations made as a result of the assessment and consultation, followed by at least one year of supervision and periodic alcohol testing, 480 hours of community service, and use of an ignition interlock device for at least 30 days. If a third or subsequent offense is committed within five years of the previous offense, the driver’s license revocation period is up to three years.

Additional Punishment for Aggravated DUI

Any person who is convicted of DUI with a BAC of .15 or more is guilty of aggravated DUI. A person convicted of aggravated DUI is subject to the same penalties as other DUI offenses, and in addition must participate in a substance abuse assessment and consultation and comply with all recommendations for treatment. Additionally, the offender will be sentenced to at least one year of supervision and periodic alcohol testing and use of an ignition interlock device.

Penalty for DUI that Causes Great Bodily Injury

A DUI offender who causes an accident that results in great bodily injury to another person faces one to ten years in prison and is subject to pay a fine up to $5,000. Under Oklahoma law, "great bodily injury" means bodily injury that creates a substantial risk of death or that causes serious, permanent disfigurement or loss or impairment of a bodily function, member, or organ.

Ignition Interlock

In addition to other penalties associated with Oklahoma's DUI laws, a person who commits a second or subsequent DUI within five years of a previous conviction is required to use an ignition interlock device after reinstatement of driving privileges for not longer than two years, to be determined by the court.

Commercial Drivers

In addition to other penalties that may apply under Oklahoma’s DUI laws, a commercial driver will be disqualified from driving a commercial vehicle for at least one year if the driver commits a DUI while driving a commercial vehicle. If, however, the driver was transporting hazardous materials at the time, the disqualification period is at least three years. A commercial driver who commits a second DUI while driving a commercial vehicle will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to 10 years.

Drivers Under 21

For a first offense, a driver under 21 is subject to one or all of the following punishments: payment of a fine of $100 to $500; completion of 20 hours of community service; completion of a treatment program.
Second-time offenders are required to complete at least 240 hours of community service and use an ignition interlock device for at least 30 days after driving privileges are restored. Second-time offenders may also be required to pay a fine between $100 and $1,000 and complete a treatment program.
For a third or subsequent violation, the offender is required to complete at least 480 hours of community service and use an ignition interlock device for at least 30 days after driving privileges are restored. These offenders may also be required to pay a fine of $100 to $2,000 and complete a treatment program.
In addition to the above penalties, a minor who commits a first DUI will have his or her driver’s license cancelled as ordered by a judge and will also be subject to the mandatory driver’s license revocation periods applied to offenders 21 and older. A minor who commits a second or subsequent DUI will have his or her driver’s license cancelled for two years or until the offender reaches 18, which period is longer. Minors who commit a second or subsequent offense are also subject to the mandatory driver’s license revocation periods applied to adults.

What is Oklahoma’s Dram Shop Statute?

Oklahoma’s liquor laws prohibit licensed drinking establishments from knowingly selling alcohol to persons under 21 and persons who are intoxicated. A violation of this law may be the basis of civil liability to collect damages against bar owners for injuries caused by an illegal sale.

Criminal Penalty for Selling or Furnishing Liquor to Intoxicated Persons

Any person who shall knowingly sell, furnish or give alcoholic beverage to an insane, mentally deficient, or intoxicated person shall be guilty of a felony, and shall be fined not less than $500 nor more than $1,000, or imprisoned in the State Penitentiary for not more than one year, or both such fine and imprisonment.

Criminal Penalty for Selling or Furnishing Liquor to Minors

Any person who shall knowingly sell, furnish or give alcoholic beverage to a person under 21 years of age shall be guilty of a felony, and shall be fined not less than $2,500 nor more than $5,000, or imprisoned in the State Penitentiary for not more than 5 years, or both such fine and imprisonment. The ABLE Commission shall revoke the license of any person convicted of a violation of this subsection.

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Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.