DUI Laws in Oklahoma

Oklahoma DUI Laws: Key Facts

Legal limit (adults)

0.08 BAC47 O.S. § 11-902(A)(1), (D)(1); 47 O.S. § 11-906.4(A)(1); 47 O.S. § 6-205.2

Commercial drivers (CDL)

0.04 BAC

Drivers under 21

0 BAC (any measurable quantity of alcohol)

Enhanced penalties from

0.15 BAC

Lookback period

10 years

Oklahoma DUI Penalties by Offense

First offense: 47 O.S. § 11-902(C)(1); 47 O.S. § 6-205.1(A)(1) · Second offense: 47 O.S. § 11-902(C)(2), (J); 21 O.S. § 20M(B); 47 O.S. § 6-205.1(A)(2) · Third offense: 47 O.S. § 11-902(C)(3)-(4); 47 O.S. § 6-205.1(A)(3)

When Penalties Are Higher

• BAC 0.15 or more, a reportable crash, eluding police, speeding 20+ mph over (10+ in an active school zone), reckless driving, certain lane or right-of-way violations, or a passenger under 18: Aggravated DUI, a Class B3 felony: the first 10 days of a first-offense sentence (30 days for a second) cannot be probated, suspended or deferred; at least 180 days of ignition interlock47 O.S. § 11-902(D), (E)
• Driver 18 or older with a child under 18 in the vehicle: The fine is doubled, in addition to other penalties47 O.S. § 11-902(L)(1)

More on Oklahoma DUI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

Revocation for the periods in 47 O.S. § 6-205.1 (at least 180 days for a first in ten years, until IDAP completion), effective 45 days after written notice47 O.S. § 753(A)

Official source: if you refuse a breath or blood test in Oklahoma

Getting a Interlock-Restricted License Through the Impaired Driver Accountability Program (IDAP)

Revocation periods are mandatory and no hardship privilege is granted except under IDAP. A first-time Class D licensee who enrolls within 30 days of the revocation notice and gets an interlock-restricted license before the revocation takes effect can have the record show IDAP completion without revocation.

Official source: getting a interlock-restricted license through the impaired driver accountability program (idap) in Oklahoma

Ignition Interlock

First offense: Yes, through IDAP for the revocation period (at least 180 days); at least 180 days for aggravated DUI Repeat offenses: Yes; court-ordered for felony DUI convictions, and through IDAP for at least 1 or 2 years IDAP requires an approved interlock for the periods in 47 O.S. § 6-205.1 with a violation-free period of at least 90 days at the end; a $50 restricted license fee applies

Official source: ignition interlock in Oklahoma

Can a DUI Come Off Your Record?

available under Oklahoma's general expungement law Waiting period: 1 year after dismissal of a deferred misdemeanor; 5 years after the end of a misdemeanor sentence that included jail, a suspended sentence or a fine over $500 You must have no felony conviction and no pending charges for the misdemeanor categories; felony categories have longer waits

Official source: can a dui come off your record? in Oklahoma

Drivers Under 21

Drivers under 21 may not drive with any measurable alcohol in blood or breath, or with evidence of another intoxicating substance First conviction: $100 to $500 fine, 20 hours of community service, a treatment program, or a combination. Second: at least 240 hours of community service and at least 30 days of ignition interlock after revocation.

Official source: drivers under 21 in Oklahoma

Driving After Using Drugs

Yes. The DUI statute covers any amount of a Schedule I controlled substance or its metabolites, and being under the influence of any intoxicating substance or a combination with alcohol

Official source: driving after using drugs in Oklahoma

More on DUI Law in Oklahoma

• Oklahoma DUI Penalties: First, Second and Third Offense
• DUI License Suspension in Oklahoma: Hearing Deadline and Hardship License
• Ignition Interlock Rules in Oklahoma
• Can a DUI Be Expunged in Oklahoma?
• Refusing a Breath or Blood Test in Oklahoma

Frequently Asked Questions