Definition of DUI in Oklahoma
- 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 the Oklahoma Department of Public Safety. 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 may only constitute a conviction for ten years after probation ends.
Misdemeanor DUI
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
A DUI is a felony after having been convicted of or received a deferred judgment for a violation of Oklahoma’s DUI/APC law, having been convicted of or received a deferred judgment for a violation of another state’s DUI/APC law, or having been convicted of DUI/APC in a municipal criminal court of record 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. A DUI after having already been convicted of felony DUI/APC in Oklahoma or another state is a felony. 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. A 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 is a felony. 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.
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 in Oklahoma 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. Sources: 47 O.S. § 11-902, 47 O.S. § 11-904, 22 O.S. § 991a, & 47 O.S. § 1-134 Current as of March 27, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.