Oklahoma Under-21 / Underage DUI Defense

If you’re under 21 and arrested for DUI in Oklahoma, you’re facing a strict zero-tolerance law. Even a very small amount of alcohol in your system can lead to a criminal charge that threatens your license, your record, and your future. This page explains what Oklahoma under-21 DUI is, the penalties, collateral consequences, defenses, and how The Urbanic Law Firm can help you fight back.

Unlike standard adult DUI cases, underage DUI focuses on whether you had any measurable quantity of alcohol (BAC of .02 or more) in your system while you drove or were in actual physical control of a vehicle. Because of that, police and prosecutors rely heavily on breath and blood tests, field investigations, and statements they claim you made at the scene. You still have rights, and you still have options.

You don’t have to go through this alone. You can request a free consultation with The Urbanic Law Firm to get specific advice about your Oklahoma under-21 DUI case.

Under-21 / Underage DUI in Oklahoma: Zero-Tolerance Overview

Oklahoma’s under-21 DUI statute makes it a crime for anyone under 21 to drive or be in actual physical control of a motor vehicle with any measurable quantity of alcohol in their system. That means the usual 0.08 BAC limit for adults doesn’t apply to you. Instead, officers can pursue charges based on a very low breath or blood alcohol result, or other evidence that shows you consumed alcohol before driving.

Prosecutors often file underage DUI alongside other charges such as minor in possession of alcohol, open container, or even standard DUI if your BAC is high enough. Because of this, your case can quickly become complicated. However, the State still has to prove every element beyond a reasonable doubt, and your attorney can challenge the legality of the stop, the testing, and the way officers handled your case.

Elements of an Oklahoma Under-21 DUI Charge

To convict you of under-21 DUI under 47 O.S. § 11-906.4, the State must prove:

You were under 21 years old at the time of the incident.
You drove or were in actual physical control of a motor vehicle.
You were on a public road, highway, street, or other place covered by Oklahoma traffic laws.
You had any measurable quantity of alcohol in your system and/or were under the influence of any other intoxicating substance while driving or in actual physical control.

“Any measurable quantity” is a very low threshold, but it still depends on reliable proof. Breath and blood tests can be attacked if officers didn’t follow proper procedures, if the machine wasn’t maintained correctly, or if your test result is inconsistent with how you actually appeared and behaved.

“Actual physical control” can also be challenged. If you were parked, asleep, or not actually driving, there may be arguments that you weren’t in control of the vehicle within the meaning of Oklahoma law. A strong defense strategy often focuses on narrowing or defeating these elements.

Penalties for Under-21 / Underage DUI in Oklahoma

It’s preferable to be charged with DUI under 21 than it is to receive a regular DUI charge. A plea of guilty, no contest plea, or a conviction for underage DUI can’t be used to enhance a subsequent arrest for DUI to a felony. The statute that addresses underage DUI is different than the one that addresses “typical” DUI and APC charges. The penalties are as follows:

First conviction – a fine of not less than $100, nor more than $500, at least 20 hours of community service, and attendance and completion of a treatment program; or, any combination of fine, community service, or treatment.
Second conviction – at least 240 hours of community service, interlock for at least 30 days, a fine of not less than $100, nor more than $1,000, and/or completing a treatment program.
Third or subsequent conviction – at least 480 hours of community service, interlock for at least 30 days, a fine of $100 to $2,000, and/ or completion of a treatment program.

On top of the criminal penalties, you face consequences that can affect your driving privileges. This includes license suspension, ignition interlock requirements, and other administrative penalties. These can apply even if your criminal case has a favorable outcome, so it’s crucial to address both sides of the case quickly.

Note: Just because you’re under 21, that doesn’t mean you’ll be charged under this separate “underage DUI” statute! If you’re under 21, you can still be charged under the more common, and harsher, DUI statute. This can happen if you have a BAC of 0.08 or more or you refuse the test. You can also be charged with DWI regardless of how old you are.

Collateral Consequences of an Oklahoma Underage DUI Conviction

A conviction for under-21 DUI can impact your life long after you finish any sentence. Some of the most serious collateral consequences in Oklahoma include:

Driver’s License Consequences: Service Oklahoma may revoke your license and require participation in the Impaired Driver Accountability Program (IDAP) before reinstatement.
College and financial aid problems – School disciplinary actions and potential effects on scholarships, campus housing, and financial aid.
Employment and professional licenses – Background checks for jobs, internships, and licenses in fields like healthcare, law enforcement, and education.
Insurance increases – Dramatically higher auto insurance premiums or even cancellation of coverage.
Long-term criminal record – A record that can surface in background checks for housing, jobs, and volunteer opportunities until it’s sealed or expunged.

These consequences often matter more than the short-term court penalties. A strategic defense focuses on protecting your future as much as possible, including exploring options that can reduce or avoid a permanent conviction on your record.

How Oklahoma Prosecutors Try to Prove Under-21 DUI Cases

In an underage DUI case, Oklahoma prosecutors usually rely on a combination of physical evidence and officer testimony. They typically try to prove your case through:

Traffic stop evidence – Alleged driving behavior such as swerving, speeding, or failing to signal.
Officer observations – Claims about odor of alcohol, bloodshot or watery eyes, slurred speech, or unsteady balance.
Field sobriety tests – Standardized tests that officers say show signs of impairment, even though these tests are subjective and often unreliable.
Breath or blood test results – Chemical tests that supposedly show a measurable quantity of alcohol in your system.
Statements and admissions – Anything you allegedly told the officer about drinking, where you were, or what you had consumed.

Common Defenses to Under-21 DUI Charges in Oklahoma

Unlawful traffic stop – The officer lacked reasonable suspicion to stop your vehicle, so key evidence may be suppressed.
Faulty breath or blood testing – The device wasn’t properly maintained, calibrated, or operated, making your result unreliable.
Improper field sobriety tests – Tests were administered incorrectly, under poor conditions, or with medical issues that affected your performance.
Disputes about actual physical control – You weren’t actually driving or in control of the vehicle at the time officers found you.
Insufficient evidence of any measurable quantity – The State can’t prove beyond a reasonable doubt that you had any measurable alcohol in your system while driving.

A strong defense strategy starts with a careful review of the stop, arrest, and testing, then builds toward suppressing evidence, negotiating favorable outcomes, or taking the case to trial when appropriate.

Practical Guide for People Facing Under-21 DUI Charges in Oklahoma

Questions to Ask Your Oklahoma DUI Attorney

How does Oklahoma’s under-21 DUI law under 47 O.S. § 11-906.4 apply to the facts of my case?
What are the possible penalties and collateral consequences for my specific Oklahoma under-21 DUI charge?
What weaknesses do you see in the stop, arrest, or chemical testing in my Oklahoma case?
What options do I have for avoiding a permanent conviction or protecting my record in Oklahoma?
How often do you defend under-21 DUI charges in Oklahoma, and what results have you obtained?

Things You May Do If You’re Arrested for Under-21 DUI in Oklahoma

After an arrest for under-21 DUI, taking the right steps early can protect your case and your future.

Requesting a consultation with an experienced Oklahoma DUI defense attorney as soon as possible.
Gathering documents and information such as the police report, citations, and any paperwork about your breath or blood test.
Writing down your memory of the stop, arrest, and testing while details are still fresh.
Collecting names and contact information for any witnesses who saw you before, during, or after the traffic stop.
Following up quickly on any license or DMV deadlines related to your Oklahoma under-21 DUI arrest.

Common Defense Strategies in Oklahoma Under-21 DUI Cases

Defense strategies should be tailored to your facts, but several approaches show up often in Oklahoma underage DUI cases:

Challenging the stop – Your attorney may attack whether the officer had reasonable suspicion or probable cause to pull you over.
Attacking chemical test reliability – The defense can scrutinize maintenance logs, calibration records, and operator certifications.
Questioning field sobriety tests – Your lawyer may challenge how the tests were administered and whether medical or environmental factors affected you.
Raising “actual physical control” arguments – The defense can argue that you weren’t in control of the vehicle under Oklahoma law.
Negotiating creative resolutions – In some cases, your attorney can seek deferred sentences, reductions, or alternative resolutions that protect your record.

What The Urbanic Law Firm Will Do in Defense of Your Under-21 DUI Case

The Urbanic Law Firm focuses on strategic, detail-oriented defense for under-21 DUI charges in Oklahoma. When you hire the firm, your defense may include:

Reviewing the legality of the stop, detention, and arrest from the moment the officer first observed your vehicle.
Analyzing field sobriety tests, body-cam or dash-cam video, and officer reports for inconsistencies and errors.
Investigating the reliability of any breath or blood test, including maintenance records and testing procedures.
Advising you on ways to reduce the long-term impact of the case, including options that may protect your record.
Negotiating or litigating aggressively, depending on whether a plea, motion practice, or trial gives you the best chance at a favorable outcome.

If you’d like to talk about your case, you can request a free consultation with The Urbanic Law Firm and get specific guidance about your Oklahoma under-21 DUI charges.

Key Oklahoma Cases Affecting Under-21 DUI Law

Hicks v. State – The Court held that the trial court abused its discretion when it refused to instruct the jury on all punishment options listed in the DUI statute, including treatment-based sentencing.

State v. Salathiel –The Court interpreted amendments to Oklahoma’s DUI statute regarding what counts as a prior conviction for enhancement, holding that changes to the definition of “conviction” don’t apply retroactively without a clear legislative statement.

Oklahoma Under-21 DUI Frequently Asked Questions

What is an under-21 DUI in Oklahoma?

An under-21 DUI in Oklahoma is a charge under 47 O.S. § 11-906.4 that applies when you’re under 21 and drive or are in actual physical control of a motor vehicle with any measurable quantity of alcohol in your system, even if your BAC is below the standard adult limit.

What are the penalties for an under-21 DUI in Oklahoma?

Penalties for an under-21 DUI in Oklahoma can include jail time, fines, probation, alcohol assessment and treatment, community service, and significant driver’s license consequences, depending on your record and whether other charges are filed.

Will an under-21 DUI in Oklahoma affect my driver’s license?

An under-21 DUI in Oklahoma can lead to license revocation and ignition interlock requirements even if your criminal case has a favorable resolution.

Can an under-21 DUI in Oklahoma be removed from my record?

Under-21 DUI convictions in Oklahoma may sometimes be reduced, deferred, or later sealed or expunged, but eligibility depends on your age, prior record, the exact charges, and the final outcome of your case.

Do I need a lawyer for an under-21 DUI in Oklahoma?

Because Oklahoma under-21 DUI charges can affect your license, education, employment, and long-term record, having a defense lawyer helps you understand your options, challenge the State’s evidence, and work toward the best possible outcome.

Contact The Urbanic Law Firm

If you’ve been charged with DUI, APC, 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 13, 2025. Consult the statutes listed above for the most up-to-date law.

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