Oklahoma DWI (Driving While Impaired) Defense

If you have been arrested for DWI (driving while impaired) in Oklahoma, you are likely anxious, confused, and worried about what happens next. A DWI under 47 O.S. § 761 is a misdemeanor, but it still brings real jail exposure, license suspension, and long-term fallout. This page explains Oklahoma DWI law, how prosecutors build these cases, and how The Urbanic Law Firm fights to protect you, your record, and your future.

What is DWI (Driving While Impaired) in Oklahoma?

Oklahoma DWI is not the same as DUI. DUI usually involves a higher level of intoxication, such as a blood alcohol concentration (BAC) of 0.08 or more or clear evidence that you were under the influence. DWI is charged when the State claims your ability to operate a motor vehicle was impaired by alcohol or another substance, even if your BAC is between 0.05 and 0.08 (so a .06 and .07) or the evidence is more subtle.

Under Oklahoma law, you may face DWI charges if the State claims that alcohol or another intoxicating substance affected your driving enough to threaten public safety or cause you to violate traffic laws. Chemical test results can be powerful evidence, but the law also requires more than just a number. The prosecution still must show your ability to drive was actually impaired.

DWI in Oklahoma should not be confused with DWI in places such as Texas. There are few equivalents to our DWI in this country. Oklahoma’s DUI is equivalent to Texas’s DWI. Think of Oklahoma’s DWI as like a bad traffic ticket. There are zero license points associated with a DWI. Every DWI is a misdemeanor, no matter how many times you’ve been charged with it and no matter when your last one was. A DWI cannot be used to enhance a subsequent drunk driving arrest to a felony.

Elements of Oklahoma DWI

To convict you of DWI, the State must prove each element beyond a reasonable doubt. The standard Oklahoma jury instruction for driving with impaired ability breaks the offense into four key parts:

Driving – You were actually driving the vehicle, not just sitting in it.
A motor vehicle – You were operating a motor vehicle as defined by Oklahoma law.
With impaired ability – Your ability to drive was impaired.
Due to alcohol or an intoxicating substance – The impairment came from alcohol and/or another intoxicating substance.

Oklahoma’s chemical test statute allows the jury to consider your BAC in deciding whether your ability was impaired. If the test shows more than 0.05, the jury may consider that as evidence of impairment, but you cannot be convicted of DWI on the number alone. There must also be proof that your driving was affected enough to threaten public safety or violate a statute or ordinance. The blood or breath test must be administered within two hours of the arrest.

Penalties and Collateral Consequences for Oklahoma DWI

Under 47 O.S. § 761, a DWI conviction carries criminal penalties and mandatory licensing consequences.

Criminal penalties

Up to six months in the county jail.
A fine between $100 and $500.
Or both jail and a fine.

Although this is a misdemeanor, the charge still creates a permanent criminal record unless you later qualify for an expungement. A DWI can also be used alongside other charges, such as misdemeanor manslaughter, in serious accident cases.

Driver’s license consequences

When Service Oklahoma receives notice of a final DWI conviction, it must suspend your driving privilege:

First DWI suspension: 30 days and no opportunity to modify your license to drive legally.
Second DWI suspension: 6 months (with limited modification possible for Class D license only).
Third or subsequent suspension: 12 months (with limited modification possible for Class D license only).

On top of that, you can face reinstatement fees and mandatory alcohol and drug assessments before your license is restored. Many people also encounter implied-consent suspensions from the separate administrative process tied to test results or refusals.

Collateral consequences of an Oklahoma DWI conviction

Sharp increases in auto insurance premiums or cancellation of your current policy.
Employment problems, especially for jobs that require driving, security clearances, or professional licenses.
Barriers to housing and background checks that show a DWI as an alcohol-related offense.
Complications with professional licensing boards, such as for pilots, nurses, teachers, or commercial drivers.
Stricter terms in any future criminal case, including harsher plea offers and tougher sentencing.

Contact The Urbanic Law Firm for an Oklahoma DWI Case Review

If you are facing a DWI, you should not try to navigate the case alone. The Urbanic Law Firm focuses on Oklahoma criminal and impaired-driving cases. To request a free consultation, you can use our secure online form.

How Prosecutors Try to Prove an Oklahoma DWI Case

Prosecutors usually build a DWI case through a mix of officer observations, roadside tests, and chemical test evidence. Each of these areas can be challenged.

Relying on driving behavior such as weaving, speeding, or erratic braking.
Describing physical signs like odor of alcohol, bloodshot or watery eyes, and slurred speech.
Using field sobriety tests such as the walk-and-turn, one-leg stand, or horizontal gaze nystagmus.
Introducing breath or blood test results to show a BAC above 0.05.
Pointing to admissions such as how much you drank, where you were, and when you stopped drinking.

In many cases the State argues that, taken together, these pieces create a picture of impaired ability. A careful defense breaks that picture apart and shows reasonable doubt at each step.

Defenses to an Oklahoma DWI Charge

Every case is different, but several defense themes appear often in DWI litigation.

Illegal stop or arrest: The officer lacked reasonable suspicion to stop you or probable cause to arrest you.
Unreliable field sobriety tests: The tests were improperly administered, scored, or affected by medical or environmental conditions.
Breath or blood test problems: The machine, blood draw, or lab work did not follow required rules and procedures.
Alternative explanations: Fatigue, stress, injury, or medication—not alcohol—caused the signs the officer claimed to see.
No true impairment: Even if you had some alcohol, the evidence does not show that your actual ability to drive was impaired.

Key Oklahoma Case on DWI

Bernhardt v. State – The Oklahoma Court of Criminal Appeals held that Driving While Impaired is a lesser-included offense of Driving Under the Influence. The Court explained that when the evidence supports it, the jury should receive instructions on the impaired-ability offense and the terms “under the influence” and “impaired ability” should be clearly defined.

Important Definitions in Oklahoma DWI Law

Oklahoma’s jury instructions and statutes give structure to several key terms used in DWI cases. Understanding these concepts helps you see where defenses may exist.

Driving: Moving or operating a motor vehicle, even for a short distance, not just sitting in a parked car.
Motor vehicle: A vehicle that is self-propelled and designed for use on public roads.
Impaired ability: Your ability to drive is affected by alcohol or another substance so that public safety is threatened or you violate a traffic law.
Intoxicating substance: Any ingested, inhaled, injected, or absorbed substance—other than alcohol—that can adversely affect the central nervous system, vision, hearing, or other sensory or motor functions.

When the jury considers your BAC, Oklahoma law still requires some evidence—beyond the number alone—that your physical or mental abilities were affected in a way that endangered public health or safety.

Practical Guide for People Facing Oklahoma DWI Charges

Questions to ask your Oklahoma DWI defense attorney

How does Oklahoma DWI under 47 O.S. § 761 differ from DUI and actual physical control charges?
What specific defenses do you see based on the facts and the police reports in my case?
How will a DWI conviction affect my driver’s license, insurance, and background checks in Oklahoma?
What motions or hearings can we file to challenge the stop, arrest, or chemical test?
What are the likely outcomes in my case, including trial, plea options, and expungement possibilities?

Things to do if you are arrested for DWI in Oklahoma

Write down everything you remember about the stop, arrest, and testing as soon as possible.
Save any receipts, text messages, or social media posts that may show your timeline, drinking pattern, or sobriety.
Avoid talking about your case on social media or with anyone other than your lawyer.
Follow all court dates and deadlines, including any deadlines to challenge your license suspension.
Contact an experienced Oklahoma DWI defense lawyer quickly so evidence can be preserved and reviewed.

Common defense strategies in Oklahoma DWI cases

Attacking the basis for the traffic stop or roadblock and seeking suppression of all evidence that followed.
Challenging the officer’s training, observations, and administration of field sobriety tests.
Questioning the maintenance, calibration, and operation of breath-testing or blood-testing equipment.
Using medical records, witnesses, or expert testimony to explain balance, speech, or eye issues unrelated to alcohol.
Highlighting inconsistencies in the State’s evidence to show reasonable doubt about any real impairment.

What The Urbanic Law Firm will do in your Oklahoma DWI case

Obtain and scrutinize all police reports, videos, breath or blood records, and Service Oklahoma documents.
Analyze the legality of the stop, arrest, and testing procedures and file motions to suppress illegally obtained evidence.
Consult with experienced experts when appropriate to challenge chemical tests and field sobriety evaluations.
Negotiate from a position of strength by preparing your case as if it will go to trial.
Guide you through both the criminal and driver’s license processes and explore expungement options when available.

Oklahoma DWI FAQs

What is DWI in Oklahoma and how is it different from DUI?

In Oklahoma, DWI (driving while impaired) under 47 O.S. § 761 applies when your ability to drive is impaired by alcohol or another substance, even if you are not fully “under the influence.” DUI usually involves a higher level of intoxication, such as a BAC of 0.08 or more or strong evidence that you were under the influence.

What are the penalties for a first-offense DWI in Oklahoma?

A first-offense DWI in Oklahoma can bring up to six months in the county jail, a fine between $100 and $500, and a 30-day driver’s license suspension, along with possible court-ordered treatment and costs.

Will an Oklahoma DWI go on my criminal record permanently?

Yes, an Oklahoma DWI creates a criminal record that shows up on background checks unless you later qualify for and complete an expungement under Oklahoma law.

Can I fight a DWI charge in Oklahoma if my BAC was under 0.08?

Yes, you can fight a DWI in Oklahoma even if your BAC was under 0.08 because the State still must prove that your ability to drive was impaired, and test results between 0.05 and 0.08 do not automatically mean you are guilty.

How can an Oklahoma DWI defense lawyer help me after an arrest?

An Oklahoma DWI defense lawyer can investigate the stop, arrest, and testing; challenge weak or illegal evidence; protect your driver’s license; negotiate with prosecutors; and prepare your case for trial if that is in your best interest.

Contact The Urbanic Law Firm

If you’ve been charged with DWI or any other criminal offense in Oklahoma, contact The Urbanic Law Firm today. Call 405-633-3420 or fill out our form.
Based in Oklahoma City and serving clients statewide.

This page is for informational purposes only and is not legal advice. Every case is unique; consult an attorney about your specific situation. Page last updated November 11, 2025. Consult the statutes listed above for the most up-to-date law.