Oklahoma · DUI
Oklahoma DUI laws and penalties
Oklahoma's legal BAC limit is 0.08%. For a first offense, Oklahoma's statute provides jail of 10 days to 1 year and a fine of up to $1,000. The license hearing, the ignition interlock rule and the statute behind every figure are below.
Figures read from official pages on .
Oklahoma DUI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- 0.15%
- Where the penalties step up
- Zero tolerance (under 21)
- 0.00%
- Any trace may result in DUI
- Lookback period
- 10 years
- Prior DUI offenses that count
License hearing: ask within 30 days
Petition the district court within 30 days after Service Oklahoma mails the notice of revocation; filing stays the revocation. Enrolling in the Impaired Driver Accountability Program within 30 days waives that appeal. Count the days with the license-hearing window calculator.Higher BAC level. At 0.15 or more the statute calls the offense "aggravated driving under the influence", a felony.
Ignition interlock. A revoked license is not reinstated until the driver completes the Impaired Driver Accountability Program, which includes an interlock (180 days after a first revocation); medical, employer and affordability exceptions exist.
01Penalties
Oklahoma DUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | 10 days | 5 days |
| Jail (maximum) | 1 year | 7 years |
| Fine (minimum) | No minimum | No minimum |
| Fine (maximum) | $1,000 | $2,500 |
| License suspension | At least 180 days, and until the Impaired Driver Accountability Program is completed | At least 1 year, and until the Impaired Driver Accountability Program is completed |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Oklahoma compares
Of the 49 states with a confirmed BAC limit, 48 (Oklahoma among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Oklahoma requires one after every first conviction.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Oklahoma gives 30.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Arkansas | 0.08% | 7 days | Required | 24 hours to 1 year | $150 to $1,000 | 6 months |
| Colorado | 0.08% | 7 days | In some cases | 5 days to 1 year | $600 to $1,000 | 9 months |
| Kansas | 0.08% | 14 days | Required | 48 hours to 6 months | $750 to $1,000 | 30 days suspension, then 180 days restricted to an ignition interlock vehicle |
| Missouri | 0.08% | 15 days | In some cases | Up to 6 months | Up to $1,000 | 30 days suspension, then 60 days restricted driving privilege |
| New Mexico | 0.08% | 10 days | Required | Up to 90 days | Up to $500 | 1 year |
| Oklahoma (this page) | 0.08% | 30 days | Required | 10 days to 1 year | Up to $1,000 | At least 180 days, and until the Impaired Driver Accountability Program is completed |
| Texas | 0.08% | 15 days | In some cases | 72 hours to 180 days | Up to $2,000 | 90 days to 1 year |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DUI case moves through the system in Oklahoma
Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Petition the district court within 30 days after Service Oklahoma mails the notice of revocation; filing stays the revocation. Enrolling in the Impaired Driver Accountability Program within 30 days waives that appeal.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Oklahoma's statute provides jail of 10 days to 1 year and a fine of up to $1,000. See the penalties table above.
04Sources
Where Oklahoma's figures come from
- Okla. Stat. tit. 47, § 11-902 (oklegislature.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · BAC limit under 21 · Lookback period · License hearing request · Ignition interlock, first offense · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, minimum · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
- Okla. Stat. tit. 21, § 20M(A)(82), (B); Okla. Stat. tit. 47, § 11-902(C)(2) (oklegislature.gov)Second offense: jail, maximum
Show the exact words behind each figureHide the exact words
- Main statute
Okla. Stat. tit. 47, § 11-902
Okla. Stat. tit. 47, § 11-902
§47-11-902v4. Persons under the influence of alcohol or other intoxicating substance or combination thereof
- BAC limit, age 21 and over
0.08%
Okla. Stat. tit. 47, § 11-902(A)(1)
Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more
- Higher BAC level
0.15%
Okla. Stat. tit. 47, § 11-902(D)
Any person who is convicted of a violation of driving under the influence with a blood or breath alcohol concentration of fifteen-hundredths (0.15) or more pursuant to this section shall be deemed guilty of aggravated driving under the influence, a Class B3 felony offense.
- BAC limit under 21
0.00%
Okla. Stat. tit. 47, § 11-906.4(A)(1)
for any person under twenty-one (21) years of age to drive, operate, or be in actual physical control of a motor vehicle within this state who: 1. Has any measurable quantity of alcohol in the person’s blood or breath at the time of a test administered within two (2) hours after an arrest of the person;
- Lookback period
10 years
Okla. Stat. tit. 47, § 11-902(C)(2)
commits a subsequent violation of this section within ten (10) years of the date following the completion of the execution of said sentence or deferred judgment
- License hearing request
30 days
Okla. Stat. tit. 47, § 6-211(E)
The petition must be filed within thirty (30) days after the notice of revocation, pursuant to Section 753 or 754 of this title, has been mailed to the person by Service Oklahoma pursuant to Section 2-116 of this title.
- Ignition interlock, first offense
Required after a first conviction
Okla. Stat. tit. 47, §§ 6-205.1(D), 6-212.5(A)(1)
1. The first license revocation pursuant to paragraph 2 of subsection A of Section 6-205 of this title or Section 753 or 754 of this title, within ten (10) years preceding the date of arrest relating thereto, shall be for a period of no less than one hundred eighty (180) days and until the person completes the Impaired Driver Accountability Program ... The IDAP rules shall require, at a minimum: 1. Installation of an approved ignition interlock device for the periods set forth in Section 6-205.1 of this title;
- First offense: jail, minimum
10 days
Okla. Stat. tit. 47, § 11-902(C)(1)
for the first offense and shall: a. participate in an assessment and evaluation pursuant to subsection G of this section and shall follow all recommendations made in the assessment and evaluation, b. be punished by imprisonment in jail for not less than ten (10) days nor more than one (1) year, and c. be fined not more than One Thousand Dollars ($1,000.00).
- First offense: jail, maximum
1 year
Okla. Stat. tit. 47, § 11-902(C)(1)
Same passage as above.
- First offense: fine, minimum
No minimum
Okla. Stat. tit. 47, § 11-902(C)(1)
Same passage as above.
- First offense: fine, maximum
$1,000
Okla. Stat. tit. 47, § 11-902(C)(1)
Same passage as above.
- First offense: license
At least 180 days, and until the Impaired Driver Accountability Program is completed
Okla. Stat. tit. 47, § 6-205.1(A)(1)
1. The first license revocation pursuant to paragraph 2 of subsection A of Section 6-205 of this title or Section 753 or 754 of this title, within ten (10) years preceding the date of arrest relating thereto, shall be for a period of no less than one hundred eighty (180) days and until the person completes the Impaired Driver Accountability Program
- Second offense: jail, minimum
5 days
Okla. Stat. tit. 47, § 11-902(C)(2)
However, if the treatment in subsection G of this section does not include residential or inpatient treatment for a period of not less than five (5) days, the person shall serve a term of imprisonment of at least five (5) days.
- Second offense: jail, maximum
7 years
Okla. Stat. tit. 21, § 20M(A)(82), (B); Okla. Stat. tit. 47, § 11-902(C)(2)
B. Any person convicted of a Class C2 criminal offense set forth in this section shall be punished by imprisonment in the custody of the Department of Corrections for a term of not more than seven (7) years
- Second offense: fine, minimum
No minimum
Okla. Stat. tit. 47, § 11-902(C)(2)
b. imprisonment as provided for in subsections B through F of Section 20M of Title 21 of the Oklahoma Statutes, and a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00)
- Second offense: fine, maximum
$2,500
Okla. Stat. tit. 47, § 11-902(C)(2)
Same passage as above.
- Second offense: license
At least 1 year, and until the Impaired Driver Accountability Program is completed
Okla. Stat. tit. 47, § 6-205.1(A)(2)
2. A revocation pursuant to paragraph 2 of subsection A of Section 6-205 of this title or Section 753 or 754 of this title shall be for a period of no less than one (1) year and until the person completes the Impaired Driver Accountability Program
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.