Charged with DUI in Oklahoma? The Urbanic Law Firm has successfully represented people throughout the state who have been charged with DUI. Free consultation—call 405-633-3420 or fill out this form. Learn about how Oklahoma defines DUI, the punishment for DUI in Oklahoma, frequently asked questions after a DUI arrest, what to do if you’re arrested for DUI in Oklahoma, and collateral consequences of a DUI arrest. Also get information on special situations that could affect your DUI charges: aggravated DUI, involvement in a personal injury accident while DUI, and DUI involving great bodily injury. Check out our other pages for specific info on APC (Actual Physical Control), DWI (Driving While Impaired), DUI Drugs, Under 21 charged with DUI, driver’s license impact of drunk driving, and military DUI.
Definition of DUI in Oklahoma
DUI in Oklahoma stands for “driving under the influence.” This is commonly referred to as “drunk driving.” It’s defined as driving or operating a motor vehicle on a public road, highway, street, turnpike, or other public place, or on a private road, street, alley, or lane that provide access to one or more single or multi-family homes when you:
- Have a blood alcohol content of .08 or more at the time of the test. The test must be administered within two hours of your arrest;
- Are under the influence of alcohol at the time;
- Have any amount of a Schedule I controlled substance, or one of its metabolites or analogs, in your blood, saliva, urine, or other bodily fluid at the time of the test. The test must be administered within two hours of your arrest;
- Are under the influence of any intoxicating substance other than alcohol that may make you incapable of safely driving or operating a motor vehicle; or
- Are under the influence of alcohol and any other intoxicating substance that may make you incapable of safely driving or operating a motor vehicle.
A motor vehicle in Oklahoma is defined as any vehicle that is self-propelled or propelled by electric power obtained from overhead trolley wires, but not operated on rails. Every driving under the influence charge must be charged in either a state (county) court or an Oklahoma municipal court of record. Currently, only Oklahoma City and Tulsa are Oklahoma municipal courts of record.
Punishment for Driving Under the Influence in Oklahoma
The punishments listed below are the criminal penalties. A DUI in Oklahoma also affects the driver’s license. That license revocation process will occur in a civil case with Service Oklahoma. Any plea of guilty, nolo contest, or finding of guilt for a violation of Oklahoma’s DUI/APC law, a violation of another state’s DUI/Actual Physical Control (APC) law, a violation of Oklahoma DUI/APC law involving a personal injury accident, or a violation of Oklahoma’s DUI/APC law with at least one child in the vehicle, constitutes a DUI “conviction” for purposes of Oklahoma’s DUI/APC law. A deferred judgment constitutes a conviction, for purposes of sentence enhancement, for ten years after probation ends.
Misdemeanor DUI
Typically, the first DUI offense in Oklahoma is a misdemeanor.
- The range of punishment in jail is ten days–one year.
- The maximum fine is $1,000.
- Offenders must participate in a certified alcohol and drug substance abuse evaluation and assessment program and follow all recommendations made in the assessment and evaluation.
Felony DUI
1) After having been convicted of or received a deferred judgment for a violation of Oklahoma’s DUI/APC law, 2) having been convicted of or received a deferred judgment for a violation of another state’s DUI/APC law, or 3) having been convicted of DUI/APC in a municipal criminal court of record in Oklahoma within ten years after completion of the sentence or deferred judgment – The range of punishment in the Department of Corrections is one–five years. The maximum fine is $2,500. The offender must participate in a certified alcohol and drug substance abuse evaluation and assessment program and may have to follow all recommendations made in the assessment and evaluation.
DUI after having already been convicted of felony DUI/APC in Oklahoma or another state – The range of punishment in the Department of Corrections is one–ten years. The maximum fine is $5,000. The offender must participate in a certified alcohol and drug substance abuse evaluation and assessment program and may have to follow all recommendations made in the assessment and evaluation. The court may require the offender to complete 240 hours of community service and install an ignition interlock device. A DUI after having already been twice convicted of felony DUI/APC in Oklahoma or another state is a felony. The range of punishment in the Department of Corrections is 1–20 years. The maximum fine is $5,000. The offender must participate in a certified alcohol and drug substance abuse evaluation and assessment program and may have to follow all recommendations made in the assessment and evaluation. The court may require the offender to complete 480 hours of community service and install an ignition interlock device for at least 30 days. If the offender doesn’t undergo residential treatment, then he or she must serve at least ten days in prison.
DUI after having already been convicted of second-degree murder or first-degree manslaughter in which the death was caused as a result of driving under the influence of alcohol or other intoxicating substance – The range of punishment in the Department of Corrections is 5–20 years. The maximum fine is $10,000. A conviction from another state will not be used to enhance a DUI punishment in Oklahoma if the out-of-state conviction is based on a blood alcohol concentration of less than 0.08.
Possible Conditions of a DUI Sentence
If you’re found guilty of DUI, then you must participate in an alcohol and drug substance abuse evaluation assessment program and may be required to attend a victims impact panel. A fine in lieu of community service is not allowed if you’re found guilty of DUI. A $100 fine must be paid to the Drug Abuse and Treatment Revolving Fund upon a DUI conviction.
If you are found guilty of felony DUI, then you may be required to submit to electronic monitoring. Electric monitoring in Oklahoma consists of confinement within a specified location or locations with supervision through an electronic device approved by the Department of Corrections. The device must 1) be designed to detect whether the defendant is in the court-ordered location at the required times and 2) record violations.
If you are over 18 years old and are convicted of DUI while transporting or having any child under 18 years old in the car, then the fine will be enhanced to double the amount of the fine that would have been imposed for the underlying DUI violation. You can also be prosecuted for child endangerment if you are in violation of this law or Oklahoma’s DUI/APC law involving a personal injury accident.
Frequently asked questions after a DUI arrest in Oklahoma
- What happens after a DUI arrest in Oklahoma? After a DUI arrest, you’ll likely face both criminal charges and an administrative license suspension. You’ll be booked, possibly held in jail, and then released on bail or bond. The state may also start proceedings to suspend your driver’s license, which is separate from your court case.
- Will I lose my driver’s license immediately? Not immediately, but you have only 30 days from the date notice of revocation was served on you by Service Oklahoma to request an file an appeal in court to contest the suspension. If you don’t file an appeal in court, your license could be automatically suspended.
- Can I avoid jail time for a first-time DUI offense? It’s possible. For a first offense, penalties can include up to one year in jail, but many first-time offenders receive probation, community service, fines, and alcohol education instead. However, outcomes depend on the specifics of your case and the judge’s discretion.
- Will a DUI conviction stay on my record forever? A DUI conviction in Oklahoma is permanent unless it is expunged. Some DUI offenses can be partially or fully expunged after a waiting period, but not all are eligible. You must meet certain conditions and file a petition with the court to begin that process.
- Should I plead guilty or fight the charge? That depends on the evidence against you, including breath or blood test results, police conduct, and prior history. An attorney can assess the strength of the prosecution’s case and may recommend negotiating a plea deal, seeking dismissal, or going to trial.
What to do if arrested for DUI in Oklahoma
- Seek Legal Representation: DUI charges in Oklahoma can have serious implications, including fines, license suspension, or jail time. It’s important to consult a qualified attorney familiar with Oklahoma DUI laws as soon as possible.
- Understand Your Rights: You have specific rights, including the right to remain silent and the right to representation by an attorney. Until you’ve spoken with a lawyer, consider exercising your right to remain silent.
- Act Promptly: Oklahoma imposes strict deadlines for managing license suspension hearings and court appearances. You must file an appeal in district court within 30 days after the Notice of Revocation is served on you by Service Oklahoma to challenge your license revocation. Time is critical. You will be given a court date for your criminal case. Even if you have not hired an attorney by that date, you must appear in court. If you hire an attorney by that date, the attorney may be able to appear for you—minimizing the impact to your job.
- Gather Documentation and Evidence: Write down all details from the time of your arrest as clearly as you can remember them. Include information about police conduct, interactions, timing of breath or blood tests, and any witnesses who were present.
Collateral (secondary) consequences of a DUI arrest
- Driver’s License Consequences
- License Suspension by Service Oklahoma under the Implied Consent Law.
- Installation of an Ignition Interlock Device (IID) may be required to regain driving privileges.
- Increased auto insurance premiums or cancellation of coverage.
- Employment Issues
- Loss of job, especially if driving is a key component of your work (e.g., CDL holders, delivery drivers).
- Difficulty finding employment due to a criminal record or background check.
- Mandatory disclosure to professional licensing boards for regulated professions (nurses, lawyers, teachers, etc.).
- Professional Licenses
- Possible disciplinary action from licensing boards (e.g., medical, legal, teaching, commercial drivers).
- Suspension or revocation of certain professional licenses.
- Educational and Housing Impacts
- Loss of scholarships or student aid, especially if the DUI is tied to drug or alcohol abuse.
- Denial of admission to some universities or college programs.
- Housing difficulties, particularly with landlords who conduct criminal background checks.
- Family and Personal Life
- Custody or visitation issues in family court if alcohol abuse is alleged.
- Social stigma, which can impact relationships and community standing.
- Immigration Consequences
- Deportation
- Denial of naturalization
- Visa revocation
- Financial Burden
- Court costs, fines, attorney’s fees
- Cost of treatment programs, classes, IID rental
- Lost wages from time off work for court dates, jail time, or license suspension
Aggravated DUI In Oklahoma
A DUI with a blood or breath alcohol concentration of 0.15 or more may constitute aggravated DUI. The range of punishment in jail or prison is the same as that for DUI/APC, ten days in county jail to 20 years in the Department of Corrections. The maximum fine is $10,000. A person convicted of aggravated DUI must participate in an alcohol and drug substance abuse evaluation assessment program and comply with all recommendations for treatment. Additionally, the offender must be sentenced to at least one year of supervision with periodic testing and have an interlock installed on his or her vehicle for at least 90 days. An interlock is a device that, without tampering or intervention by another person, prevents the driver from operating a motor vehicle if he or she has a blood or breath alcohol concentration of 0.02 or higher.
Personal Injury While DUI
If you were involved in a personal injury accident while driving or operating a motor vehicle under the influence, then you can be charged as follows;
- Misdemeanor (first offense) – The range of punishment in jail is 90 days-1 year. The maximum fine is $2,500.
- Felony – This is a felony if you have already been convicted of DUI or personal injury while DUI. The range of punishment in prison is 1-5 years. The maximum fine is $5,000.
DUI Resulting in Great Bodily Injury
It’s a felony to cause an accident that results in great bodily injury to any person other than himself or herself while driving or operating a motor vehicle while under the influence. “Great bodily injury” means bodily injury that creates a substantial risk of death or that causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. The range of punishment in prison is 4-20 years. The maximum fine is $5,000.
Important Oklahoma DUI cases
- In State v. Silas, the Oklahoma Court of Criminal Appeals held that you can get convicted of DUI if you were driving on a pathway, driveway, or private road.
- In Newlun v. State, the Oklahoma Court of Criminal Appeals ruled that someone who has already received a felony DUI conviction could subsequently be charged with misdemeanor DUI, depending on the timing of the events.
Oklahoma DUI news
Sources: 47 O.S. § 11-902, 47 O.S. § 11-904, 22 O.S. § 991a, & 47 O.S. § 1-134
Current as of May 4, 2025. Laws are subject to change at any time. Visit the sources above for the most up-to-date law.