DUI laws state that any driver over the age of 21 cannot have a blood-alcohol level of 0.08% or higher. For commercial drivers, that limit drops to 0.04%.

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What is a DUI or DWI?

A DUI refers to driving under the influence while a DWI means driving while intoxicated or impaired.

Each state determines the difference between the two.

In Oklahoma, DUI is more commonly used to refer to someone driving with alcohol, drugs, or a combination of the two in their system. A DUI may not take blood-alcohol content (BAC) into account if the driver is impaired by drugs, alcohol, or both to the point where they cannot safely operate a vehicle—regardless of the BAC.

Under Oklahoma law, "drugs" specifically refers to Schedule I drugs.

MORE:

DUI vs. DWI

DUI in Oklahoma

In Oklahoma, it is illegal to operate a vehicle with a blood-alcohol level of 0.08% or higher. For commercial vehicle drivers, that level is 0.04%.

If you’re found with a BAC above the legal limit, you will be charged with a per se DUI, which means that whether or not you’re actually impaired by the alcohol is moot.

Every state has an implied consent law stipulating that you consent to be tested if you’re suspected of driving under the influence of alcohol or drugs.

If you’re lawfully arrested for a DUI, you must submit to a urine, blood, or breath test. You do not have a right to consult with a lawyer before completing the test.

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Tips to get a clean driving record

Penalties for DUI in Oklahoma

Penalties for DUIs in Oklahoma become more severe with each subsequent offense. A second offense is considered as such if it occurs within 10 years of the first.

The second and all subsequent offenses are considered felonies, regardless of when they occur.

First offense

Penalty	Description
Fine	Up to $1,000
Jail	10 days to 1 year
License suspension	180 days
Ignition Interlock Device (IID)	18 months if driver refuses field sobriety test or BAC is over 0.15%

Second offense

Penalty	Description
Fine	Up to $2,500
Jail	1 to 5 years
License suspension	1 year
Ignition Interlock Device (IID)	4 years

Third offense

Penalty	Description
Fine	Up to $5,000
Jail	1 to 10 years
License suspension	3 years
Ignition Interlock Device (IID)	5 years

Jail time may be set aside in favor of a court-ordered treatment program recommended after a substance abuse treatment assessment. Failure to abide by the treatment recommendation will not only result in jail time, but a longer sentence and longer revocation than the original penalty.

During a license suspension, drivers may apply for a limited license. This restores some, but not all driving privileges.

Key Takeaway Oklahoma’s penalties for a DUI are often more severe if you’ve had previous offenses. After the first, all subsequent DUIs are felonies.

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Does a DUI impact car insurance in Oklahoma?

Yes, insurance companies take DUIs very seriously and you’ll be classified as a

high-risk driver

High-risk drivers end up paying more for insurance and may be denied coverage entirely. Your insurance carrier will also be required to fill out an

SR-22

to prove you have at least

Oklahoma's minimum required liability insurance

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SR-22 in Oklahoma: What you need to know

Other effects of a DUI

Beyond the conviction penalties and higher insurance rates, DUIs can have some other lasting impacts on your life.

License revocation: After a DUI, you run the risk of having your license revoked if you’re charged with other serious offenses.

Ignition interlock device: All states have some type of ignition interlock program requiring drivers convicted of a DUI to install an interlock device in their vehicle to disable the engine if alcohol is detected on their breath.

Background checks: Your DUI will show up on a background check indefinitely, which can cause issues for future employment endeavors.

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