Alcohol Crimes Defense in Oklahoma

Alcohol charges in Oklahoma can hit your record, your wallet, and even your job prospects. One night out, a traffic stop, or a bar incident can suddenly turn into a criminal case that feels overwhelming.

The page gives an overview on public intoxication, transporting an open container, minor and underage alcohol offenses, and alcohol sale licensee offenses. Click on the links for more in-depth information on the specific crimes. 

Overview of Oklahoma Alcohol Crimes

Oklahoma alcohol laws reach far beyond simple “drunk in public” accusations. You can face charges for how you act while intoxicated, where you drink, how you transport alcohol, how you sell or serve it, and even how you help someone under twenty one get it.

Some offenses are misdemeanors. Others can turn into felonies if the State claims prior convictions or more serious conduct.

Because these laws overlap, you might face several counts from a single incident. For example, an officer may arrest you for public intoxication, transporting an open container, and a minor related offense all from one stop. Getting a defense lawyer who understands how these statutes fit together can make a huge difference in how your case turns out.

Public Intoxication in Oklahoma

You can be charged if you are allegedly drunk or intoxicated in a public place AND if you disturb the peace while intoxicated in public. You must be disturbing the peace in addition to being drunk in public to be charged with public intoxication!

Prosecutors often treat these cases like “minor” offenses, but a conviction can still leave a criminal record, jail exposure, and fines. You may also face enhanced consequences if you have prior alcohol related convictions. A strong defense can challenge whether the location was truly public, whether you were actually intoxicated, and whether the officer lawfully detained you in the first place.

Transporting an Open Container in Oklahoma

Transporting an open container of alcohol in a vehicle is governed by 21 O.S. § 1220. The statute makes it illegal for a driver or passenger to knowingly transport or possess an open container of an alcoholic beverage or low point beer in the passenger area of a moving vehicle on a public road, unless the container is properly stored in a trunk or another area not accessible while the vehicle moves.

The law also reaches marijuana in certain forms. It bans consuming marijuana or possessing an open marijuana container in the passenger area of a vehicle on a public road. Even if you never drive under the influence, an open container case can still bring a misdemeanor charge, potential jail time, fines, and a special assessment fee. A defense can often target how the officer found the container, whether the container was truly “open,” and whether the State can prove you knew it was there.

Minor and Underage Alcohol Offenses in Oklahoma

Oklahoma aggressively prosecutes underage alcohol cases. You can be charged as a minor for simply possessing or consuming alcohol, and adults can be charged for helping you obtain it.

Several important statutes drive minor and underage alcohol prosecutions:

• Buying Alcohol With a Fake ID – 37A O.S. § 6-119
• Minor in Possession of Alcohol – Typically a municipal offense
• Consumption of Alcohol by Invitee Under 21 – 37A O.S. § 6-101

You might see charges described as “Minor in Possession,” “Consumption of alcohol by invitee under twenty one,” or “Buying alcohol with a fake ID.” Those phrases come from how these statutes operate in the real world. A defense may focus on whether the ID check actually happened, whether you truly possessed or consumed the alcohol, and whether officers or store staff correctly identified you.

Alcohol Sale Licensee Offenses in Oklahoma

If you hold any kind of alcohol license in Oklahoma, the stakes are even higher. Alcohol sale licensee offenses can jeopardize your license, your business, and your criminal record at the same time.

Several key Oklahoma statutes can apply to licensees and employees:

• Failure to Possess Required License – 37A O.S. § 6-117 
• Unauthorized Sale, Possession, or Purchase of Alcohol – 37A O.S. § 6-118
• Giving Alcohol to a Minor – 37A O.S. § 6-120
• Selling, Furnishing, or Giving an Alcoholic Beverage to an Insane, Mentally Deficient, or Intoxicated Person – 37A O.S. § 6-121
• Violating Hours of Operation to Sell Alcohol – 37A O.S. § 6-123
• Permitting a Person to be Intoxicated on Licensee’s Premises – 37A O.S. § 6-124

These laws can hit you if the State claims you sold to an underage person, kept your bar open during unauthorized hours, failed to maintain proper licensing, or allowed intoxicated patrons to remain on the premises. You may also face ABLE Commission consequences at the same time. A targeted defense looks at surveillance video, witness statements, ABLE records, and whether your policies and staff training truly match what the State alleges.

Penalties and Consequences for Oklahoma Alcohol Crimes

Most alcohol crimes in Oklahoma start as misdemeanors, but that does not mean they are harmless. Many offenses carry up to six months or a year in the county jail, plus fines and additional fees. Some statutes, especially those involving repeated violations or sales to certain protected groups, can turn into felonies.

Beyond jail and fines, you can face license loss, probation terms, alcohol evaluations, treatment requirements, community service, and strict no alcohol conditions. Minors may face driver’s license consequences and long term effects on school or career plans. Licensees risk losing their ABLE license and the business they built.

The sooner you involve a defense lawyer, the more options you usually have. You may be able to challenge parts of the traffic stop, the officer’s observations, field sobriety style tests, or the reliability of witness testimony. Sometimes you can negotiate for reduced charges, deferred sentences, or outcomes that protect your record.

Why Choose The Urbanic Law Firm for Alcohol Crimes Defense

Alcohol cases in Oklahoma often turn on details: where you were, how you acted, what officers wrote in their reports, and how the statutes actually read. You deserve a lawyer who is comfortable working with the full Oklahoma Criminal Code, the Alcoholic Beverage Control Act, and the jury instructions that tell jurors what the State must prove.

The Urbanic Law Firm focuses on Oklahoma criminal defense, including alcohol related cases like public intoxication, open container, licensee offenses, and underage alcohol charges. When you work with the firm, you get a defense that looks at the statute language, legislative changes, and the specific facts in your case, rather than a one size fits all approach.

For a free consultation about your Oklahoma alcohol charge, use the firm’s secure contact form. You can tell your side of the story, ask questions about possible penalties, and learn what defenses might apply before you go back to court.

Oklahoma Alcohol Crimes FAQs

What happens if you are charged with public intoxication in Oklahoma?

If you are charged with public intoxication in Oklahoma under 37A O.S. § 6-101, you face a misdemeanor, possible jail time, and fines. You also risk a criminal record, but a defense lawyer can attack whether the State actually proved intoxication in a public place or any disturbance of the peace.

Is it illegal to have an open container of alcohol in a car in Oklahoma?

Yes, Oklahoma law under 21 O.S. § 1220 makes it illegal for a driver or passenger to knowingly transport or possess an open container of alcohol in the passenger area of a moving vehicle on a public road. You can usually avoid this by keeping any opened container in the trunk or another area not accessible while the vehicle is in motion.

What are the penalties for selling alcohol to a minor in Oklahoma?

Selling, furnishing, or giving alcohol to someone under twenty one in Oklahoma, under 37A O.S. § 6-120, can bring a misdemeanor for a first offense and steeper penalties for later convictions. You can face fines, possible jail time, and license consequences, especially if you hold an alcohol license or work for a licensed business.

Can an Oklahoma minor get in trouble just for holding alcohol?

Yes, an Oklahoma minor can face charges related to possession, consumption, or attempts to obtain alcohol, including cases under 37A O.S. § 6-119 and related statutes. Even if you never drink it, simply holding or trying to buy alcohol with a fake ID can lead to court dates, fines, and long term consequences.

When should you call an Oklahoma alcohol crimes defense lawyer?

You should contact an Oklahoma alcohol crimes defense lawyer as soon as you know you are under investigation, arrested, or given a court date for an alcohol related offense. Early help lets your lawyer protect your rights, review the statutes that apply, and start building a defense before evidence goes missing or deadlines pass.

Contact The Urbanic Law Firm

If you’ve been charged with transporting an open container of alcohol, public intoxication, 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 21, 2025. Consult the statutes listed above for the most up-to-date law.