DUI & DWI in Oklahoma

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In Oklahoma, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%. – for commercial drivers (CDL)

0.00%  – for drivers under 21 years of age

Having a license in the state of Oklahoma automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked anywhere between 180 days and 3 years. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

If you are over 21 years old:

If you test under the 0.08% level, you can still face DUI penalties. According to Oklahoma law, you are impaired at the 0.05% level and can still be convicted if you are found guilty for DUI with a BAC of over 0.05%.

The penalty for driving with a BAC of between 0.05% and 0.08% is a $100 to $500 fine, up to 6 months in jail, or both. Your license will also be suspended as follows:

• 1st Suspension: 30 days.
• 2nd Suspension: 6 months.
• 3rd Suspension: 1 year.

The previous suspensions do not need to be alcohol or drug-related to affect the suspension for DUI.

If you are convicted of DUI with a BAC more than 0.08%, the penalties are as follows:

• A misdemeanor.
• Jail time of 10 days to 1 year.
• Fine up to $1,000.
• Your license will be revoked for 180 days.
• You may be eligible to drive using a hardship license. This allows you to drive to and from work, to and from alcohol or drug treatment, or to and from church. The hardship license is only valid during daylight hours. To find out more about the hardship license, call (405) 425-2098.

(in 10 years)

• A felony.
• Jail time of 1 to 5 years.
• Fine up to $2,500.
• Your license will be revoked for 1 year, if you have had a prior DUI or drug related revocation within the previous 5 years.
• You may be eligible to drive using a hardship license. This allows you to drive to and from work, to and from alcohol or drug treatment, or to and from church. The hardship license is only valid during daylight hours. To find out more about the hardship license, call (405) 425-2098.

2nd Felony

• A felony.
• Jail time of 1 to 7 years.
• Fine up to $5,000.
• Your license will be revoked for 3 years, if you have had 2 or more prior DUI or drug related revocations within the previous 5 years.
• You may be eligible to drive using a hardship license. This allows you to drive to and from work, to and from alcohol or drug treatment, or to and from church. The hardship license is only valid during daylight hours. To find out more about the hardship license, call (405) 425-2098.

• A felony.
• Your license will be revoked for 3 years, if you have had 2 or more prior DUI or drug related revocations within the previous 5 years.
• You will face a jail term of between 1 year and 10 years.
• You will be fined up to $10,000.
• You will also be required to have an ignition interlock device fitted to your vehicle.
• You may be eligible to drive using a hardship license. This allows you to drive to and from work, to and from alcohol or drug treatment, or to and from church. The hardship license is only valid during daylight hours. To find out more about the hardship license, call (405) 425-2098.

OTHER EXPENSES

Fines are not the only expenses involved in DUI cases. There are attorney’s fees, treatment costs, lost time from work, alternate transportation costs while your license is revoked, plus a $75 processing fee for the license revocation and a $25 fee to have it reinstated.

If you are authorized for limited driving, there is a $175 fee for that, not to mention increased insurance rates, and if your conviction is a felony, all the issues that go along with a felony record.

As stated above, any amount of alcohol found in the system of a person under 21 years old will result in the automatic revocation of your driver’s license. If you refuse the BAC test, your license will automatically be revoked for the same period as it would be if you had any amount of alcohol in your system. The penalties are as follows:

1st Offense

• Your license will be revoked for 6 months.
• You will be fined between $100 and $500.
• You will be required to undertake 20 hours of community service or undergo a treatment program.

2nd Offense

• Your license will be revoked for 12 months.
• You will be fined between $100 and $1,000.
• You will be required to undertake 240 hours of community service or undergo a treatment program.
• You will be required to use an ignition interlock device on your vehicle for a period of at least 30 days after your driving privileges are restored.

3rd Offense

• Your license will be revoked for 36 months.
• You will be fined between $100 and $2,000.
• You will be required to use an ignition interlock device on your vehicle for a period of at least 30 days after your driving privileges are restored.
• You will be required to undertake 480 hours of community service or undergo a treatment program.

1st Offense

• The penalties are ever stricter for people younger than 18 years old. If you fall under this category and are arrested for any crime involving alcohol, even you were not driving a car, you will lose your driving privileges for anywhere between 6 months and 2 years, or until you turn 21 years old, depending on your record and the circumstances.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

Oklahoma DUI Suspensions

If you refuse or fail a BAC test when arrested on suspicion for a DUI/DWI, the Oklahoma DPS will revoke your driver license. To have your license reinstated you will need to:

• Pay the reinstatement fees.
• Complete a Drug and Alcohol Assessment.
• Install an ignition interlock device, depending on the circumstances of your DUI/DWI offense.

In addition to the above Oklahoma DMV penalties, if you receive a DUI conviction from the court, you may also need to satisfy court requirements, including:

• Additional driver license suspensions. (May vary in length depending on the number of convictions you’ve had.)
• Installing an ignition interlock device in your vehicle, if you’ve had multiple convictions.
• Jail time. (Will vary depending on the number of convictions you have had.)
• Paying fines.

For information regarding your suspended license, please contact the Oklahoma DPS or the court that processed your conviction.

• If you are convicted for your BAC being higher than 0.04%, you will be barred from driving for at least 1 year.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time. This may or may not be reduced to 10 years.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

Oklahoma takes a strong stand against DUI/DWI. As well as having your license suspended or revoked, you will face fines, a jail term and be required to undertake community service for periods of up to 480 hours. You will also be required to undergo a substance abuse review and assessment. You must follow all recommendations made by the review and in severe cases you will be subject to supervision and periodic alcoholic testing. You will be given a temporary driving permit once your license is suspended, and you may request a hearing. It is a good idea to consult a DUI/DWI lawyer, based on the reason for the suspension, before scheduling a hearing.

The steps you need to follow to reinstate your license following a suspension depend on several factors, including the reasons for suspension and any other violations on your record. You should contact the Oklahoma Department of Public Safety for more information on individual cases. You can call the DPS at (405) 425-2424 or mail them at:

Department of Public Safety

1. O. Box 11415

Oklahoma City, OK 73136

You can also visit them at:

Department of Public Safety

3600 N. ML King Ave

Oklahoma City, OK 73111