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Oklahoma DUI Laws Penalties And Fines
Oklahoma Driving Under the Influence (DUI) Laws
Definition of Intoxication:
Under Oklahoma drunk driving laws, Oklahoma Driving Under the Influence (DUI) may be proved two different ways:
1. With evidence that you were in “actual physical control” of a motor vehicle, while impaired by alcohol, legal drugs, or controlled substances. Evidence of a BAC over 0.05 can be used as proof of impairment; or
2. With evidence that you were in “actual physical control” of a motor vehicle, with a BAC of 0.08 or greater (or 0.04, for CDL drivers). Oklahoma drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
Summary of Illegal BAC Levels in Oklahoma:
- Adult Driver - DUI with BAC of 0.08 or higher
- Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher
- Under 21 Driver – DUI with BAC of 0.02 or higher
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid DUI – DWI in Oklahoma is to have someone else drive. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had. In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication. In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
If you drive with a BAC between 0.05 and 0.08, you can be convicted of the misdemeanor crime of Impaired Driving in Oklahoma, facing a fine of from $100 to $500 and/or jail time of up to 6 months. Your driver’s license will also be suspended, for a period from 30 days up to one year, depending on the number of prior alcohol-related suspensions you’ve had. Impaired driving is a lesser crime than an Oklahoma DUI.
Consequences of a DUI Offense in Oklahoma
A drunk driving conviction in Oklahoma has serious consequences, which become even more severe with repeat offenses. A DUI conviction in Oklahoma remains on your record for 10 years, for purposes of calculating repeat offense levels.
The arresting officer confiscates an Oklahoma DUI arrestee’s driver’s license immediately, and issues a temporary driving pass, pending an administrative suspension hearing, which must be requested within 15 days of the date of your arrest.
For a first-time DUI offender, the DUI court has the power to modify a revocation, granting an Oklahoma “hardship” license, if the court finds that full revocation will produce extreme hardships relating to employment or medical needs.
