Oklahoma DUI Laws

The per se limit is 0.08, measured by a blood or breath test administered within 2 hours after arrest (47 O.S. 11-902(A)(1); 756(C)). Below 0.08 is not automatically safe: a result above 0.05 supports the lesser criminal charge of driving while impaired when other evidence corroborates impairment (47 O.S. 761; 756(A)(2)). At 0.15 or more the charge becomes aggravated DUI, a felony even on a first offense (11-902(D)(1)). Commercial drivers are disqualified at 0.04 in a commercial vehicle (47 O.S. 6-205.2(B)(1)), and for drivers under 21 ANY measurable amount of alcohol is a criminal offense of its own (47 O.S. 11-906.4).

Yes — and for Schedule I substances no impairment is required: any amount of a Schedule I controlled substance, or one of its metabolites or analogs, in blood, saliva, urine, or any other bodily fluid is DUI (47 O.S. 11-902(A)(3)), so residual marijuana metabolites can support a charge even days after use. For other intoxicating substances, including prescription drugs, the state must prove the substance rendered the driver incapable of driving safely (11-902(A)(4),(5)). Having a valid prescription or being legally entitled to use the substance is no defense (11-902(B)).

A first conviction is a misdemeanor: 10 days to 1 year in jail — the 10-day minimum is real — plus a fine up to $1,000 with no minimum, a mandatory alcohol and drug assessment ($160 fee plus $15) with treatment at your own expense, and a $75 victims impact panel fee (47 O.S. 11-902(C)(1),(H),(I); 43A O.S. 3-460(C)). The license is revoked for at least 180 days AND until you complete the Impaired Driver Accountability Program (47 O.S. 6-205.1(A)(1)) — though a first-time Class D driver who enrolls in IDAP within 30 days of a test-failure or refusal revocation notice keeps driving on an interlock-restricted license with no revocation on the record (6-212.5(F)). Deferred judgments are common but still count as priors for felony elevation (11-902(C)(2),(M)).

Yes. A second offense committed within 10 years — measured from the day after you finished serving the prior sentence or deferred judgment, not from the earlier arrest — is a felony (Class C2) (47 O.S. 11-902(C)(2)). The prison range comes from the felony class table, not the DUI statute: up to 7 years, serving at least 20% before release (21 O.S. 20M(B)), with a fine up to $2,500 (11-902(C)(2)(d)). The court must order treatment and an ignition interlock, and at least 5 days must be served in custody unless treatment includes 5 or more inpatient days (11-902(C)(2)). The license is separately revoked for at least 1 year plus IDAP completion, counting priors within 10 years of the ARREST date (47 O.S. 6-205.1(A)(2)) — two different 10-year clocks. One caution: if the FIRST conviction was aggravated DUI, it was itself a felony, so on the statute’s plain text the next offense is charged at the harsher felony-prior tier (Class B4, 1 to 10 years, no time window) instead (11-902(C)(3),(D)).

The third-and-beyond tiers count prior FELONY DUI convictions with no time limit. After one prior felony DUI, a new offense is a felony (Class B4): 1 to 10 years in prison, 240 hours of community service, an interlock order, and a fine up to $5,000 (47 O.S. 11-902(C)(3)). After two prior felony DUIs it is a felony (Class B3): 1 to 20 years, 480 hours of community service, an interlock for at least 90 days, and at least a year of supervised testing ((C)(4)). The license is revoked for at least 2 years plus IDAP completion (47 O.S. 6-205.1(A)(3)). A third offense whose priors were never felonies is treated under the second-offense rule — or even as a first offense if no prior falls within its 10-year window.

The revocation floors are 180 days for a first event, 1 year with one prior, and 2 years with two or more — counting prior revocations and IDAP enrollments within the 10 years before the arrest — but every period also runs "until the person completes the Impaired Driver Accountability Program," so the floor is not the endpoint (47 O.S. 6-205.1(A)). No court or agency can grant hardship driving during the revocation outside IDAP (6-205.1(D)). Revocations from different incidents run back to back, not at the same time (6-205.1(A)(4)). The one escape: a first-time Class D driver who enrolls in IDAP within 30 days of a test-failure or refusal revocation notice drives on an interlock-restricted license and avoids the revocation on the record entirely (47 O.S. 6-212.5(F)).

Two parallel tracks. On the license side, the interlock is the heart of IDAP — the only lawful way to drive during a DUI revocation and the statutory condition for ending it: install an approved device at your own expense for the revocation period, pay the $150 program fee and $50 restricted-license fee, and log at least 90 violation-free days (47 O.S. 6-212.5(A); 6-212.3; 6-205.1(A)). On the criminal side, courts MUST order an interlock at sentencing for a second offense and beyond (47 O.S. 11-902(C)(2)(b),(C)(3)(c)), for at least 90 days after two prior felony DUIs ((C)(4)(c)), and for at least 180 days on any aggravated DUI (11-902(E)(4)). IDAP interlock time from the same incident counts against the court order (6-212.3(C)). Medical exemptions and first-revocation employer-vehicle exceptions exist by rule (6-212.5(A)(5),(6)).

IDAP is the ignition-interlock program run by the Board of Tests for Alcohol and Drug Influence for impaired-driving arrests on or after November 1, 2022 (47 O.S. 6-212.5(A)). Completing it is the statutory condition for ending every alcohol- or drug-related revocation — the revocation lasts its floor period AND until IDAP is done (47 O.S. 6-205.1(A)) — and it is the only route to legal driving during the revocation (6-205.1(D)). Participants pay a $150 fee, install the device at their own expense with a $50 restricted license, and must finish with at least 90 violation-free days (6-212.5(A); 6-212.3). First-time Class D arrestees who enroll within 30 days of a test-failure or refusal revocation notice avoid the revocation on their record, waiving the appeal (6-212.5(F)). A driver who never seeks reinstatement never has to enroll — but the revocation never ends. Reinstatement also requires the assessment and any recommended course or treatment (6-212.2).

Refusal is not a crime in Oklahoma and — unusually — adds NO extra license time: a refusal and a failed test feed the identical revocation ladder of 180 days / 1 year / 2 years plus IDAP completion, effective 45 days after notice (47 O.S. 753(A); 754; 6-205.1(A)). After a refusal, officers cannot test without a search warrant unless there is probable cause that an intoxicated driver caused death or serious injury (753(A)); if a warrant-compelled test comes back clean, the revocation is immediately rescinded (753(B)). The refusal can still be used as evidence at trial (47 O.S. 756(A)), and the IDAP no-revocation enrollment route stays available to first-time Class D drivers (47 O.S. 6-212.5(F)). CDL holders are the exception: refusing in any vehicle brings at least a 1-year commercial disqualification, and a second event a lifetime one (47 O.S. 6-205.2(B)(2),(D)).

It depends on the counter — Oklahoma runs at least four with different clocks. Criminal felony elevation at a second offense uses 10 years measured from the day after the prior sentence or deferred judgment was COMPLETED, not from the earlier arrest (47 O.S. 11-902(C)(2)); deferred judgments, municipal court-of-record convictions, DUI-injury convictions (47 O.S. 11-904), and DUI child-endangerment convictions (21 O.S. 852.1(A)(4)) all count, though an out-of-state prior below 0.08 does not (11-902(C)(6)). Prior FELONY DUIs count forever at the third-and-beyond tiers ((C)(3)-(5)). The license ladder uses its own 10 years measured from the ARREST date and counts IDAP enrollments as priors, including juvenile adjudications (47 O.S. 6-205.1(A),(C)(1)). Driving-while-impaired suspensions have their own ladder (47 O.S. 761(B)), and commercial drivers face a lifetime two-strike rule (47 O.S. 6-205.2(D)).

Aggravated driving under the influence is a distinct felony charge (Class B3) triggered by committing DUI while doing any one of seven things: testing at 0.15 or more; causing a reportable crash; committing specified lane or passing violations; eluding police; driving more than 20 mph over the speed limit (or more than 10 mph over in an active school zone); carrying a passenger under 18; or driving recklessly (47 O.S. 11-902(D)). The felony label attaches even on a first offense, but the prison RANGE still follows the count-based tier — a first aggravated DUI keeps the 10-day-to-1-year range — with the first 10 days not subject to probation, suspension, or deferral (30 days on a second offense, rising 30 days per later conviction), plus at least 1 year of supervised testing and an ignition interlock for at least 180 days (11-902(E)). A child passenger can additionally be charged as child endangerment, a separate felony (21 O.S. 852.1(A)(4)).

Injury: DUI in a personal-injury accident is a misdemeanor first offense with 90 days to 1 year in jail and a fine up to $2,500, and a felony (Class B5, 1 to 5 years) with a prior conviction under the same statute or under the DUI statute (47 O.S. 11-904(A)(2)); causing GREAT bodily injury while under the influence is a felony (Class B1) with 4 to 20 years (11-904(B)). Death: a DUI death is chargeable as first-degree manslaughter — a felony (Class A2) carrying not less than 4 years with no stated maximum (21 O.S. 711(1); 715) — or, where the theory is recklessness rather than DUI, as misdemeanor negligent homicide with up to 1 year in county jail (47 O.S. 11-903). A driver with a prior DUI-death murder or manslaughter conviction who commits any later DUI faces a felony (Class A2) with 5 to 20 years (47 O.S. 11-902(C)(5)), and 11-904 convictions count as priors for DUI felony elevation.