Oklahoma DUI Laws & Penalties
Like most states, Oklahoma has a legal BAC (blood alcohol content) of .08%, but for drivers under 21 years old the legal limit is 0.00%. Any measurable amount of alcohol can land a minor with a DUI. There are even some cases where a minor can be charged with a DUI even if he or she was not operating a vehicle.
With minors causing a significant portion of Oklahoma's drunk driving accidents, the state has a harsh set of penalties for minors who get behind the wheel while under the influence.
DUI for Minors With a 0.00%–0.08% BAC
|Conviction||BAC||License Revocation||Fines||Community Service|
|1st||.00%–.08%||6 months||Up to $500||20 hours|
|2nd||.00%–.08%||12 months||Up to $1,000||240 hours|
|3rd||.00%–.08%||36 months||Up to $2,000||480 hours|
On top of the punishments listed in the chart above, a judge has the right to include several more penalties. Some possibilities include:
- Enrollment in a treatment program
- Installation of an ignition interlock device
- Loss of driving privileges for two years or until the driver turns 18 years old, whichever is longer
These requirements come at an additional cost to the minor and are not included in the fines listed above.
DUI For Minors With a BAC Above 0.08%
Should a minor have a BAC above .08%, then he or she will be charged with a DUI and receive the same penalties as an adult.
|Conviction||BAC||License Revocation||Fines||Jail Time|
|1st||.08% or above||6 months||Up to $1,000||10 days to 1 year|
|2nd||.08% or above||1 year||Up to $2,500||1–5 years|
|3rd||.08% or above||3 years||Up to $5,000||1–10 years|
Again, the judge has the right to include additional penalties, like installing an ignition interlock device for up to three years. Additional fees will also apply.
While the chart lists a BAC of .08% or above, it is worth noting Oklahoma has two charges for those driving under the influence, a DUI and a DWI. You can be charged with a DWI for having a BAC of just 0.051% if the officer has proof your driving is impaired. Contrarily, you can be charged with a DUI for having a BAC above .08% even if your driving is not impaired.
Refusing the Test
While you have the right to refuse an alcohol test, keep a few things in mind before you do. First, refusing the test will not protect you from a conviction. Secondly, refusing it will result in your license being revoked for the same amount of time a conviction would have resulted in. This is due to Oklahoma's implied consent law, which states every driver consents to these tests each time he or she gets behind the wheel of a car.
If you have been arrested and convicted for a DUI, you will have 15 days to request an administrative hearing. This hearing will determine whether the suspension of your driver's license was just — this includes losing it because you refused to take a chemical test — and if it should be reinstated or if you should be given a hardship license.
Proof of Financial Responsibility
Those convicted of a DUI will need SR222 insurance for a three-year period to get your license reinstated. Under this, your insurance company is obligated by law to inform the state if you miss a car insurance payment. Without the SR222 insurance, a revoked license cannot be reinstated.
The Impact of a DUI
Drinking and driving is a deadly choice, but it is also an expensive one. Not only will it take a hit to your wallet and your time, it may create problems for you in the future as well. This can include expulsion from a university or school, being turned down for a job and higher insurance premiums.
You should avoid drinking as a minor, but you should never get behind the wheel if you choose to drink. The penalties covered here are the bare minimum of what you will face. Should you damage property, injur yourself, or hurt or kill someone else, the punishment increases significantly. The good news is you can avoid this by simply choosing not to drink and drive.