What Is Driving While Impaired (DWI) In Oklahoma?

Driving While Impaired (DWI) In OklahomaDriving while impaired (DWI) in Oklahoma occurs when a driver’s ability to operate a motor vehicle is impaired by the consumption of alcohol, or any other substance other than alcohol, which is capable of being ingested, inhaled, injected, or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing, or any other sensory or motor functions. A blood alcohol concentration (BAC) greater than 0.05 but less than 0.08 is evidence that a person’s ability to operate a motor vehicle was impaired by alcohol. However, someone may not be convicted of DWI solely because there was, at the time of the test, a BAC greater than 0.05 but less than 0.08. There must be additional evidence that the person’s ability to operate the vehicle was affected by alcohol to the extent that the public health and safety was threatened or that the person had violated a state statute or local ordinance in the operation of a motor vehicle. The blood or breath test must be administered within two hours after the driver’s arrest.

Punishments For DWI In Oklahoma

All DWI convictions are misdemeanors. The maximum punishment in the county jail is six months. The maximum fine is $500. Anyone found guilty of DWI or pleading guilty or nolo contendere to DWI will be ordered to participate in, prior to sentencing, an alcohol and drug assessment and evaluation. If the evaluation shows that the defendant would benefit from a ten-hour or twenty-four-hour alcohol and drug substance abuse course or a treatment program or both, the court will, as a condition of any sentence imposed, including a deferred sentence and a suspended sentence, require the person to follow all recommendations identified by the assessment and evaluation and ordered by the court.

Effect Of DWI On License

After receipt of your DWI conviction and when that conviction has become final, DPS will suspend your driving privileges as follows:

  1. First suspension – 30 days
  2. Second suspension – Six months. This may be modified. The modification applies to Class D motor vehicles only; and
  3. Third and subsequent suspensions – Twelve months. This may be modified. The modification applies to Class D motor vehicles only.

There are no points associated with a DWI conviction.

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Sources: 47 O.S. § 756 & 47 O.S. § 761

Current as of June 8, 2018