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Oklahoma DUI Law

In Oklahoma, it is illegal to drive, operate, or be in actual physical control of a motor vehicle when your blood alcohol level is .08 or greater or you are under the influence of alcohol or any other intoxicating substance to an extent which renders you incapable of safely operating the vehicle.

Penalties

First Conviction: The first conviction is charged as a misdemeanor. It carries a minimum jail time of 10 days (up to one year) and a fine of up to $1,000. Additionally, the court will order an Assessment and Evaluation of the defendant by the Department of Mental Health and Substance Abuse Services. The defendant will be required to comply with the recommendations of the Department’s report. License suspension for 180 days.

Second Conviction: The second conviction within 10 years is a felony. The court will order an Assessment and Evaluation by the Department of Mental Health and Substance Abuse Services. The court has discretion in the penalty stage and may choose to enforce the Department’s recommendations, or to sentence the defendant to between one (1) and five (5) years in prison, or a fine of up to $2,500, or any combination of the three. However, if the court elects to only enforce the Department’s recommendations and those recommendations do not include any residential treatment, they will also sentence the defendant to five (5) days in jail. License suspension for 1 – 5 years.

Third Conviction: The third conviction is a felony. The court will order an Assessment and Evaluation by the Department of Mental Health and Substance Abuse Services. The court has discretion in the penalty stage and may choose to:

  • Enforce the Department’s recommendations, impose 240 hours of community service and attach an ignition interlock device to any cars regularly driven by the defendant, or
  • To sentence the defendant to between one (1) and seven (7) years in prison, or a fine of up to $5,000, or
  • Combine the two penalties. However, if the court elects to only enforce the Department’s recommendations and those recommendations do not include any residential treatment, they will also sentence the defendant to ten (10) days in jail. Additionally, the court will suspend the driver’s license for 3 – 5 years.

Fourth and Subsequent Convictions: The fourth and subsequent convictions are felonies. The court will order an Assessment and Evaluation by the Department of Mental Health and Substance Abuse Services. The court has discretion in the penalty stage and may choose to:

  • Enforce the Department’s recommendations, institute a year of probationary supervision and periodic testing, impose 240 hours of community service and attach an ignition interlock device to any cars regularly driven by the defendant, or
  • To sentence the defendant to between one (1) and ten (10) years in prison, or a fine of up to $5,000, or
  • Combine the two penalties.

However, if the court elects to only enforce the Department’s recommendations and those recommendations do not include any residential treatment, they will also sentence the defendant to ten (10) days in jail. Additionally, the court will suspend the driver’s license for 3 – 5 years.

In all cases – convictions from other states will count towards the total, so long as the standard in the other state was at least a BAC of .08.

Aggravated Driving Under the Influence:

If the defendant’s BAC is .15 or greater an additional charge and penalty attaches. On top of any other penalties, the court will add a year of probationary supervision and periodic testing, 480 hours of community service, and will attach an ignition interlock device to any car the defendant regularly drives for a period of 30 days.

Victim Impact Panel:

The court may sentence anyone convicted under the statute to a victims impact panel. The court will also attach a fine of between $15 and $25 to cover the costs of the program.

Electronic Monitoring:

The court may require anyone convicted under the statute to submit to electronic monitoring for a period of time.

Additional Fine:

In addition to any other penalties, the court will attach a $100 fine which is paid to the Drug Abuse Education and Treatment Revolving Fund.

Minor in the Car:

If, at the time of the offense, one of the passengers in the car was 15 years of age or younger, the fine that is attached by the court will be doubled.

Forfeiture:

Upon the second or subsequent conviction, the District Attorney may make a motion for forfeiture of the vehicle by the defendant. The court will grant the motion if it finds that one or more of the following is satisfied by the act: - Incapacitation of the convicted - Protection of public safety or welfare - Deterrence of possible offenders - Expression of public condemnation for the act of drunk driving - Satisfaction of the monetary criminal penalties However, the motion can be successfully defended by showing that: - The owner of the car acquired it in good faith, and - Is not the one convicted of drunk driving, and - Did not have reasonable cause to believe that the vehicle would be used for the commission of the felony.

Where Personal Injury Results:

First Offense:

90 days – 1 year in jail and a maximum fine of $2,500.

Second Offense:

1 year – 5 years and a maximum fine of $5,000.

Where Great Bodily Injury Results:

Great bodily injury is an injury that creates a substantial risk of death, causes serious permanent disfigurement, or causes the protracted loss of bodily member or function. Where great bodily injury results from the drunk driving, the penalty is 1 – 5 years in prison and a maximum fine of $5,000.

Under 21

If a driver under the age of 21 has any measurable amount of alcohol in his system, his license will be seized at the site of the traffic stop. Upon conviction, the following penalties will attach:

First Conviction:

$100 - $500 fine or 20 hours of community service or enrollment in a treatment program or any combination. License suspension for 180 days.

Second Conviction:

240 hours of community service, the attachment of an ignition interlock device for a minimum of 30 days after license suspension, $100 - $1,000 fine, enrollment in a treatment program, or any combination thereof. License suspension for 2 years or until the convicted turns 18, whichever is longer.

Third and Subsequent Convictions:

480 hours of community service, attachment of an ignition interlock system for a minimum of 30 days, $100 - $2,000 fine, enrollment in a treatment program, or any combination thereof. License suspension for 2 years or until the convicted turns 18, whichever is longer.