Oklahoma DUI Penalties

Below is an outline of Oklahoma DUI penalties by charge. The information is meant as a rough guide and should not replace the advice of a qualified OK drunk driving lawyer.

Oklahoma DUI Punishments Determined By Prior History

First Offense: The first offense of Driving Under the Influence is punished as a misdemeanor.  In addition to any other conditions the court requires relating to treatment, the defendant is required to pay a fine of $1,000 and spend between 1 day and 1 year in jail.

Second Offense within 10 years: If within the past 10 years the driver has been convicted of driving under the influence before, including being convicted of a DUI, DWI or similar crime in another state, a conviction for Driving Under the Influence will be punished as a felony. In addition to any other conditions the court requires relating to treatment, the driver will be required to pay a fine of $2,500 and serve a term in prison of 1 to 5 years.  The court also has the option of sentencing the driver to alcohol treatment instead of some of the prison time, but the driver must still serve a minimum of 5 days in prison.

Third Offense: If a driver is convicted of Driving Under the Influence and has been convicted of a felony DUI, 2nd degree murder as a result of driving under the influence, or manslaughter as a result of driving under the influence within 10 years, the driver will be punished for a felony. In addition to any other conditions the court requires relating to treatment, the driver will be required to serve 240 hours of community service, use an interlock device, pay a fine of $5,000 and serve a term in prison of 1 to 7 years.  The court also has the option of sentencing the driver to alcohol treatment instead of some of the prison time, but the driver must still serve a minimum of 10 days in prison.

Fourth Offense or more: If a driver is convicted of Driving Under the Influence and has been convicted of at least 2 of the following within 10 years: felony DUI, 2nd degree murder as a result of driving under the influence, or manslaughter as a result of driving under the influence, the driver will be punished for a felony. In addition to any other conditions the court requires relating to treatment, the driver will be required to serve 480 hours of community service, use an interlock device for at least 30 days, pay a fine of $5,000 and serve a term in prison of 1 to 10 years. The court also has the option of sentencing the driver to alcohol treatment instead of some of the prison time, but the driver must still serve a minimum of 10 days in prison.

Additional penalties for all Oklahoma DUI offenses:

If the driver committed a DUI while a child under 16 was in the vehicle, the total fine they must pay will be doubled.

All drivers convicted of any DUI must pay an additional $100 fee.

Driving suspensions for all Oklahoma DUI offenses:

First Revocation: The driver's license to drive will be revoked for 180 days if this is the first time it has been revoked.

Second Revocation: The driver's license to drive will be revoked for 1 year if this is the second time it has been revoked.

Third Revocation or more: The driver's license to drive will be revoked for 3 years if this is at least the third time it has been revoked.

Oklahoma Aggravated Driving Under the Influence:

In addition to the penalties imposed for the DUI, if the driver is also convicted of Aggravated Driving Under the Influence, he or she is required to submit to at least 1 year of alcohol testing and monitoring, 480 hours of community service, and use an interlock device for at least 30 days.

If a driver is involved in an accident which injures another person while committing a DUI, the driver can be charged with a misdemeanor or a felony. If the offense is the first DUI-related offense the driver has committed, it will be treated as a misdemeanor and punished with 90 days to 1 year in jail and a fine up to $2,500.  Otherwise, the offense is considered a felony and punished with 1 to 5 years in prison and a fine up to $5,000.

If the driver is personally responsible for an accident which results in serious bodily harm to another person while committing a DUI, the offense is treated as a felony and punished with 1 to 5 years in prison and a fine up to $5,000.

First Offense: The driver's license to drive will be seized and the driver will be required to either pay a fine of $100 to $500 or serve 20 hours of community service.

Second Offense: The driver's license to drive will be seized and the driver must install an ignition interlock device for at least 30 days and must complete 240 hours of community service. The driver will also be fined between $100 and $1,000.

Third Offense or more: The driver's license to drive will be seized and the driver must install an ignition interlock device for at least 30 days and must complete 480 hours of community service. The driver will also be fined between $100 and $2,000.

First Offense: The driver will lose their privilege to drive for 6 months, beginning on either the date of the offense or from the time the driver turns 16, whichever comes last.

Second Offense: The driver will lose their privilege to drive for 12 months, beginning on either the date of the offense or from the time the driver turns 16, whichever comes last.

Third Offense or more: The driver will lose their privilege to drive for 24 months, beginning on either the date of the offense or from the time the driver turns 16, whichever comes last. The court also has the option of withholding the privilege until the driver reaches age 21.