Oklahoma Drunk Driving Laws

Throughout history, lawmakers have focused their efforts on ways to protect society and deter crime—and this trend is particularly apparent when it comes to driving under the influence (DUI). As one of the most dangerous acts a driver can commit, DUI is also a serious criminal offense in all areas of the United States. Oklahoma drunk driving laws, however, are particularly severe, as the state’s legislation outlines a number of scenarios that can lead to a driver’s arrest.

Like most states, Oklahoma lawmakers rely on blood alcohol content (BAC) to determine whether a driver should be arrested for DUI. Also known as blood-to-alcohol ratio, the term “BAC” refers to the percentage of alcohol found in a driver’s bloodstream. Under state law, a person is deemed impaired once his or her BAC reaches 0.08% or more—period. In other words, even if your ability to drive is not affected, you could be arrested for driving with an illegal amount of alcohol in your system.

Don’t let the 0.08% limit fool you, though. If you are under 21, driving with a BAC of 0.02% constitutes DUI under state law, and commercial vehicle operators must adhere to a 0.04% limit. In addition to these guidelines, Oklahoma has an “Implied Consent Law,” which makes chemical testing a mandatory requirement for all motorists.

Chemical tests are designed to calculate a driver’s BAC based on the amount of alcohol found in his or her breath, blood, or urine. When an officer suspects a driver may be impaired, a chemical test will be administered prior to an arrest—usually in the form of a breathalyzer (although a blood or urine test may be used in some cases). Under the state’s Implied Consent Law, you must submit to such testing, and a refusal will lead to your arrest.

If you “fail” a chemical test—meaning your results show that you have an illegal BAC—or refuse to perform the test, you can expect to be arrested and charged with DUI. As specified by the state’s sentencing guidelines, the penalties for a DUI conviction include up to $1,000 in fines, a 30-day license suspension, and a 10-day to one-year jail sentence.

Keep in mind, however, that the penalties listed above are for a first-time offender. If you have a prior drunk driving conviction on your record, you will face even harsher consequences, including a maximum $2,500 fine, 6-month license suspension, and one- to five-year jail sentence. The court may also order you to undergo counseling and/or treatment for substance abuse at this time.

For a subsequent conviction, the penalties are even tougher—with a third offense carrying a one-year license suspension and up to a 20-year jail sentence. And, regardless of whether it’s your first or third DUI conviction, you may face additional penalties if you were travelling with a passenger under 18 at the time of your arrest.

The good news is that being arrested for DUI does not mean you will be convicted of the offense in a court of law. In fact, with the right legal strategy, many drivers are able to avoid the life-altering impact of an Oklahoma drunk driving conviction. To learn how, submit your information online today and schedule a free, no-obligation consultation with a skilled DUI defense attorney in your area.