• Kyle Persaud

What Happens When You Get a DUI in Oklahoma?

DUI penalties in Oklahoma depend on a variety of factors, such as:


· your age,


· the amount of alcohol in your system,


· whether you cause any damage, and


· whether it is the first or a subsequent offense.


There are two types of DUI penalties in Oklahoma:


· Criminal penalties (which may involve imprisonment, fines, community service, and required assessment), and


· A revocation of your driver’s license.


You may be subject to both criminal penalties and a revocation of your driver’s license, for one DUI.


A blog post of this length cannot discuss both criminal penalties and license revocation. This post will discuss only the criminal penalties for a DUI in Oklahoma. To see when Oklahoma may revoke your driver’s license, see my earlier post here. To see how you may prevent revocation of your license after a DUI, see my earlier post here.


If you are over 21


If you are over 21, you are guilty of driving while intoxicated if you are in actual physical control of a motor vehicle and:


· You have a blood alcohol concentration of at least 0.08 grams per 100 milliliters of blood, or a breath alcohol concentration of at least 0.08 grams per 210 liters of breath, or


· You are under the influence of alcohol, or


· You have any amount of a Schedule I chemical or controlled substance in your bodily fluids. Click here to see a list of Schedule I controlled substances. (NOTE: Marijuana is on this list. Even if you have a license to use medical marijuana, you may still be convicted of driving while intoxicated if you operate a motor vehicle while marijuana is in your system.)


· You are under the influence of any intoxicating substance while you are in actual physical control of a motor vehicle.


If you are over 21, DUI penalties in Oklahoma are:


For the first offense:


· You are guilty of a misdemeanor;


· An assessment and evaluation;


· 10 days to 1 year in jail;


· A $100 assessment;


· A fine of up to $1,000.


For the second offense:


· You are guilty of a felony;


· An assessment and evaluation;


· 1 to 5 years in prison;


· A $100 assessment;


· A fine of up to $2,500;


· Electronic monitoring.


For the third offense:


· You are guilty of a felony;


· An assessment and evaluation;


· 240 hours of community service


· Maintain an ignition interlock device on your vehicle for up to 2 years;


· 1 to 10 years in prison;


· A fine of up to $5,000;


· A $100 assessment;


· Electronic monitoring.


For the fourth and subsequent offenses:


· You are guilty of a felony;


· An assessment and evaluation;


· 1 year of supervision and periodic testing;


· 480 hours of community service;


· Maintain an ignition interlock device on your vehicle for 30 days to 2 years;


· 1 to 20 years in prison;


· A $100 assessment;


· A fine of up to $5,000;


· Electronic monitoring.


If you have a blood or breath alcohol concentration of at least 0.15, you are guilty of aggravated driving under the influence. For aggravated driving under the influence, the penalties are:


· A $100 assessment;


· An assessment and evaluation;


· 1 year of supervision and periodic testing;


· Maintain an ignition interlock device on your vehicle for 90 days to 2 years;


· You must pay a fine, and you may be sentenced to incarceration. The amount of time, and the length of your incarceration, will depend on whether it is the first, second, third, or fourth offense. This length of time, and the amount of the fine, are the same as if you are convicted of driving with a blood or breath alcohol concentration of 0.08 (see the amounts of the fine, and the amount of prison and jail time, in the paragraphs above).


If there are children in the car


If you are over 18, and you are found guilty of driving while intoxicated while there are children under 18 in the car, you may be convicted of two offenses: driving while intoxicated and child endangerment.


· For your conviction for driving while intoxicated, your fine will be doubled.


· For your conviction for child endangerment, you are guilty of a felony. You may serve up to 4 years in prison and pay a fine of up to $5,000.


If you cause personal injury


If you cause personal injury as a result of driving while intoxicated, you will be subject to two convictions: one for driving while intoxicated, and another conviction for causing personal injury. Your conviction for driving while intoxicated will be the same as that listed above. Your conviction for causing personal injury is as follows:


For the first offense:


· You are guilty of a misdemeanor;


· 90 days to 1 year in jail;


· A fine of up to $2,500


For the second and subsequent offenses:


· You are guilty of a felony;


· 1 to 5 years in prison;


· A fine of up to $5,000


If you cause “great bodily injury” (meaning “injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ”), then the penalty is more severe:


· You are guilty of a felony;


· 4 to 20 years in prison;


· A fine of up to $5,000.


If you cause the death of another person


If you drive while intoxicated, and cause the death of another person, you may be punished as follows:


· If your driving while intoxicated was a misdemeanor (see above), then you may be convicted of first degree manslaughter, and be sentenced to prison for at least 4 years.


· If your driving while intoxicated was a felony (see above), then you may be convicted of second degree murder, and be sentenced to prison for 10 years to life (but not to life without parole).


If you have been convicted of second degree murder or first degree manslaughter as a result of driving while intoxicated, then this also increases the punishment you will incur for any future DUI convictions. For future DUI convictions you may be punished as follows:


· 5 to 20 years in prison;


· A fine of up to $10,000.


Victim Impact Panel


In addition to any of the above penalties, if you are convicted of driving under the influence, you may be required to attend a victims impact panel.


If you are under 21


If you are under 21, the rules are stricter. You are guilty of driving under the influence if:


· You have any measurable quantity of alcohol in your blood or breath at the time of a test administered within two hours of your arrest; or


· A test of your blood, breath, saliva, or urine reveals the influence of any other intoxicating substance.


If you are under 21, DUI penalties in Oklahoma are as follows:


For the first conviction:


· A $100-$500 fine;


· 20 hours of community service; or


· Required attendance in a treatment program.


For the second conviction:


· 240 hours of community service;


· Maintain an ignition interlock device on your vehicle for 30 days to 2 years;


· An assessment of your drug and alcohol abuse;


· A $100-$1,000 fine;


· Required attendance in a treatment program.


For the third and any subsequent convictions:


· 480 hours of community service;


· Maintain an ignition interlock device on your vehicle for 30 days to 2 years;


· An assessment of your drug and alcohol abuse;


· A $100-$2,000 fine;


· Required attendance in a treatment program.


In addition, if you are under 21, you may be punished be any of the penalties that may be given to someone over 21.


Forfeiture of your vehicle


The court may order that your vehicle be forfeited (that is, that the state may take possession of the vehicle) if:


· You were convicted of driving under the influence twice within a 10-year period, and at least one of the offenses involved the death or serious bodily injury of another person, or


· You have been convicted of at least three felony offenses for driving while intoxicated.

The U.S. Supreme Court recently placed limitations on what property may be taken in a forfeiture case. For more information on the Supreme Court’s decision, and to see if this decision will affect you, click here.


If you have been arrested for DUI in Oklahoma, competent legal representation may help you avoid some of the stiffer penalties. If you would like assistance in a DUI case, contact the Persaud Law Office today.

NOTE: The information provided on this website is not intended to be, and does not constitute, the giving of legal advice. The information provided here is not intended to be, and should not be used as, a substitute for individual reliance on privately retained legal counsel. Information provided on this site may not constitute the most current or complete information with respect to legal topics or developments. Mr. Persaud expressly disclaims all liability based on any information contained on this site.”

© 2020, by Kyle Persaud.