Oklahoma DUI Penalties

Implied Consent Laws

Laws involve drivers supposed of driving under the influence to give in to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Refusal carries penalties that can include obligatory suspension of a driving license for up to a year.

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Blood-Alcohol Concentration

In Oklahoma, any driver with a blood-alcohol absorption - or BAC - above .08 percent is considered “per se intoxicated” under the law. Under this statute, this confirmation is all that is needed for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

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Zero Tolerance Blood-Alcohol Concentration

In all states, “zero tolerance laws” centre of attention on drivers not of legal drinking age. In Oklahoma, persons under the age of 21 operating a motor vehicle with a .02 percent blood-alcohol level or over are subject to DUI penalties.

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Enhanced Penalty Blood-Alcohol Concentration

In some states there is a more rigorous punishment for those convicted of DUI with a particularly high blood-alcohol content at the time of arrest; this is generally .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Oklahoma.

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Administrative License Suspension/Revocation Penalties

These penalties are minimum mandatory penalties imposed on drivers with a blood-alcohol concentration above Oklahoma’s maximum tolerable level of .08 percent or drivers subject to the implied consent laws (see above) for declining to submit to breath, blood, or urine testing for blood-alcohol content.

Penalties involve suspension or revocation (meaning temporary or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Oklahoma, for the earliest DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

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Vehicle Confiscation

The fine of vehicle confiscation for DUI conviction – either permanently or temporarily - is a opportunity in some states, ordinarily for repeat offenders. This is not a penalty option in Oklahoma.

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Ignition Interlock

An ignition interlock device attaches to the condemned DUI offender’s car and requires the driver to perform a breath-test before the vehicle will start. While this penalty for DUI conviction is a possibility in some states, this is not an choice in Oklahoma.

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Mandatory Alcohol Education and Assessment/Treatment

Alcohol tutoring and prevention program, treatment for alcohol abuse, and review of a person for possible alcohol or drug dependency can be required for DUI offenders in Oklahoma. These steps are often recommended instead of serving a sentence of incarceration or paying fines.

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