Underage DUI – Under 21 & Arrested for DUI in Oklahoma

Underage DUI in Oklahoma

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In Oklahoma, it’s illegal for any person under 21 years old to drive, operate, or be in actual physical control of a motor vehicle in Oklahoma who:

  1. has any measurable quantity of alcohol in their blood or breath at the time of a test administered within two hours of the arrest;
  2. exhibits evidence of being under the influence of any other intoxicating substance as shown by analysis of a specimen from the person’s blood, breath, saliva, or urine; or
  3. exhibits evidence of the combined influence of alcohol and any other intoxicating substance.

“Any measurable quantity” is defined as a blood alcohol content (BAC) of .02 or more.

Penalty for Under 21 DUI in Oklahoma

If somebody is under 21 and they’re arrested for DUI or APC (actual physical control), it’s much more preferable to be charged with DUI under 21 than it is to receive a regular DUI charge. This is because the underage DUI charge is not an “enhanceable” offense. 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:

  1. 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.
  2. 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.
  3. 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.

In addition to the above penalties, an offender will be subject to additional punishments relating to the privilege to drive such as:

  • cancellation or denial or driving privileges as ordered by the court;
  • mandatory revocation of driving privileges as part of the DPS rules;
  • the continued installation of an interlock device(s) at the expense of the offender; and
  • an assessment of the degree of alcohol abuse.

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.

Source: 47 OS § 11-906.4

Current as of March 1, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.

Charged with underage DUI in Oklahoma? Call Oklahoma DUI lawyer Frank Urbanic in OKC for a free case consultation.

Don’t panic! Call Urbanic.® 405-633-3420