Oklahoma DUI Laws
Whether in Tulsa or Broken Arrow, Lawton or Norman, driving and using drugs or alcohol is against the law. What do all these Ohio cities all have in common? They are all located in Ohio and none of them tolerate drinking alcohol and/or doing drugs and driving a motor vehicle. In Oklahoma, a driver can be charged with a driving under the influence (DUI) offense in a number of ways, and not all include simply drinking alcohol. If you've been arrested and charged with a DUI crime in Oklahoma, here is some information to help assist you understand the laws and where you can go for legal help.
Ignition Interlock Device after First-Offense DUI Conviction
If you have been convicted of first-time DUI, you may be required to install an ignition interlock device (IID) under certain circumstances. Named for a young woman who was killed in 2009 by an intoxicated driver on the Kilpatrick Turnpike in north Oklahoma City, the Erin Swezey Act requires drivers to install an IID on their vehicles if they either:
- had a blood alcohol level (BAC) of .15 percent or higher;
- refused to take a chemical test (blood or breath) at the request of an investigating officer.
Simply put, a person convicted of a DUI would have their Oklahoma driver’s license suspended for six months and would be retired to have an IID on their vehicle for a total of 18 months.
Second and Third-Time DUI Convictions and IID Requirements
If you are unlucky enough to have a second or third DUI conviction in Oklahoma, you'll have more to worry about than just jail time and probation.
On a second offense DUI, your license will be suspended for a year and you'll have to have an IID installed on any vehicle you own or operate for a total of five years.
If you think "third time is a charm," it isn't when it comes to DUI sentencing. If you've been convicted of a third DUI in three years, your license will be suspended for three years, and the IID sentence will be five years after the three-year suspension has been served, or a total of eight years if your driving privileges have been modified.
This chart lays out the basics of Oklahoma DUI laws:
Oklahoma DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent
|"Per Se" BAC Limit||0.08 Percent|
|Zero Tolerance (Underage) BAC Limit||0.00 Percent|
|Enhanced Penalty (Aggravated) BAC Limit||0.17 Percent|
|Implied Consent to Submit to BAC Test?||Yes|
Oklahoma DUI Laws: Select Penalties
|Minimum License Suspension or Revocation (1st, 2nd, 3rd offense)||6 months, 1 year, 2 years|
|Mandatory Alcohol Education, Assessment and Treatment||Assessment & Treatment|
|Vehicle Confiscation Possible?||Yes (3rd offense)|
|Ignition Interlock Device Possible?||Yes|
Oklahoma DUI Resources:
- Oklahoma DUI Statutes: Driving While Intoxicated (OS 11-902).
- DUI - Alcohol and Drug Substance Abuse Courses (ADSAC) - Overview of DUI classes in Oklahoma (Oklahoma Dept. of Mental Health and Substance Abuse Services).
- Ignition Interlock Device - Information about the state's IID program (Oklahoma Board of Tests for Alcohol and Drug Influence).
Have a DUI Attorney Review Your Case for Free
If you've been arrested and charged with a DUI in Oklahoma, you likely have questions about the law, whether you should try and fight the charges, and more. With the help of a skilled DUI attorney in Oklahoma, you stand a stronger chance of getting a reasonable outcome to your case. Contact a licensed attorney today for a free initial consultation.