Oklahoma DUI Laws and Penalties (2026)
A complete guide to DUI and DWI laws in Oklahoma, including penalties for first and repeat offenses, BAC limits, license suspension rules, and when a DUI becomes a felony.
Oklahoma DUI At a Glance
First Offense DUI in Oklahoma
10 days–1 year jail, $100–$1,000 fine, 180-day revocation
Oklahoma's second DUI is a felony
Second Offense DUI in Oklahoma
1–5 years, $5,000 fine, 1-year revocation
When Does a DUI Become a Felony in Oklahoma?
In Oklahoma, a DUI typically becomes a felony charge at the 2nd offense. Additional circumstances that can elevate a DUI to a felony include:
- Causing injury or death to another person while driving impaired
- Having a child passenger in the vehicle
- Having an extremely high BAC (typically 0.15% or 0.16%+)
- Driving on a suspended or revoked license due to a prior DUI
Oklahoma DUI BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Under 21 | 0.00%–0.02% (zero tolerance) |
| Commercial Driver (CDL) | 0.04% |
Refusing a Breathalyzer in Oklahoma
Oklahoma, like all U.S. states, has an implied consent law. By driving on Oklahoma roads, you implicitly consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test will typically result in automatic license suspension, separate from any DUI conviction, and the refusal can be used against you in court.
DUI vs. DWI in Oklahoma
Different states use different terminology. Oklahoma uses DUI (Driving Under the Influence) as its primary statute, though both alcohol and drug impairment can result in charges.
Finding a DUI Lawyer in Oklahoma
If you are facing a DUI charge in Oklahoma, it is strongly recommended to consult with a qualified DUI defense attorney as soon as possible. An attorney can:
- Review the circumstances of your arrest for procedural errors
- Challenge the accuracy of BAC testing equipment
- Negotiate for reduced charges or alternative sentencing
- Represent you at DMV hearings to contest license suspension