DUI Laws in Oklahoma (DUI)
Oklahoma uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years, measured from the date of completing the prior sentence or deferred judgment. Second offense within 10 years of completing a prior sentence or deferred judgment (Class C2 felony). Aggravated DUI — BAC 0.15%+. Below are the full details of Oklahoma's DUI laws and penalties.
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Overview
Oklahoma distinguishes between DUI (driving under the influence, BAC 0.08%+) and DWI (driving while impaired, BAC 0.06% to 0.079%), creating a two-tiered system that is unusual among states. Oklahoma uses a 10-year lookback period (measured from completion of the prior sentence or deferred judgment) for DUI enhancements, and a second DUI offense is already a felony. Under legislation that took effect in 2025 and was amended in 2026, an 'aggravated' DUI — BAC of 0.15%+, a reportable crash, a passenger under 18, eluding police, speeding 20+ mph over the limit (10+ in a school zone), certain lane and road-position violations, or reckless driving — is a felony even for a first offense. The state also has a separate administrative process through Service Oklahoma/DPS that imposes license revocation independent of court proceedings, and the Erin Swezey Act imposes ignition-interlock requirements after reinstatement that cannot be avoided. Oklahoma's separate injury statutes impose severe penalties for DUI offenses causing great bodily injury or death.
Official term: DUI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.00% (any measurable amount) |
| Enhanced Penalty | 0.15% |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Misdemeanor — but a Class B3 Felony if the DUI is aggravated (BAC 0.15%+, reportable crash, passenger under 18, eluding police, speeding 20+ over, reckless driving, or certain lane violations) | 10 days to 1 year in county jail (for an aggravated DUI, the first 10 days cannot be probated, suspended, or deferred) | $1,000 maximum; plus court costs, assessments, and fees typically totaling $1,500–$2,500 | 180-day revocation by Service Oklahoma/DPS for a first offense within 10 years; driving during the revocation is available only through the Impaired Driver Accountability Program (IDAP), which requires an ignition interlock | An ignition interlock is the route to driving during the 180-day revocation (via IDAP). Under the Erin Swezey Act, a BAC of 0.15%+ or a test refusal adds an 18-month interlock requirement after the revocation ends — that period cannot be avoided by not driving |
| 2nd Offense | Felony — Class C2 (Oklahoma Sentencing Modernization Act) | Imprisonment in DOC custody for up to 7 years (Class C2, 21 O.S. § 20M), with at least 20% of the sentence served before release; if the court-ordered treatment does not include at least 5 days of residential/inpatient treatment, at least 5 days must be served in jail | $2,500 maximum; plus assessments and costs | 1-year revocation for a second revocation within 10 years; driving during the revocation only through IDAP; IID required for 4 years after reinstatement (Erin Swezey Act) | Required for 4 years after license reinstatement |
| 3rd Offense | Felony — Class B4 (after a prior felony DUI conviction) | 1 to 10 years in DOC custody; if treatment does not include at least 10 days of residential/inpatient treatment, at least 10 days must be served | $5,000 maximum; plus assessments and costs | 2-year revocation for a third or subsequent revocation within 10 years (47 O.S. § 6-205.1); IID required during revocation via IDAP and for 5 years after reinstatement | Required for 5 years after license reinstatement |
| Felony | Class C2 (2nd within 10 years) / Class B3 (aggravated DUI, any offense count) / Class B4 (after one prior felony DUI) / Class B3 (after two prior felony DUIs) / Class A2 (after a prior DUI-related murder-2nd or manslaughter-1st conviction) | Class C2: up to 7 years (21 O.S. § 20M; prior offenders face 2–10 or 2–12 years). Class B4: 1–10 years. Class B3 (two prior felony DUIs): 1–20 years. Class A2: 5–20 years. Aggravated DUI carries non-probationable minimums — first aggravated offense 10 days, second 30 days in county jail, plus 30 days for each subsequent conviction. | $2,500 (Class C2 tier); $5,000 (Class B4 and B3 tiers); $10,000 (Class A2 tier); doubled if a child under 18 was in the vehicle (§ 11-902(L)) | DPS revocations: 180 days first, 1 year second within 10 years, 2 years third or subsequent; driving during revocation only through IDAP; Erin Swezey Act IID after reinstatement: 18 months (first .15+/refusal revocation), 4 years (second), 5 years (third) | Required during revocation via IDAP and for 18 months to 5 years after reinstatement (Erin Swezey Act); these periods cannot be avoided |
Felony threshold: Second offense within 10 years of completing a prior sentence or deferred judgment (Class C2 felony). Aggravated DUI — BAC 0.15%+, a reportable crash, a passenger under 18, eluding police, speeding 20+ mph over the limit (10+ in a school zone), certain lane/road-position violations, or reckless driving — is a Class B3 felony even for a first offense. A DUI after a prior felony DUI is Class B4; after two prior felony DUIs, Class B3. Lookback period: 10 years, measured from the date of completing the prior sentence or deferred judgment.
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | May be ordered, typically 80–240 hours | Up to 1 year; may include drug/alcohol testing and supervision | Mandatory DUI assessment (ADSAC — Alcohol and Drug Substance Abuse Course) and completion of any recommended treatment |
| 2nd Offense | Not statutorily required at this tier (community service is mandated for later felony tiers) | Up to 5 years supervised; strict conditions including random testing | Full ADSAC assessment and mandatory completion of recommended substance abuse treatment, which may include inpatient rehabilitation |
| 3rd Offense | 240 hours (with the treatment-sentence option) | Up to 10 years supervised; intensive supervision with strict conditions | Full substance abuse assessment and completion of recommended treatment mandatory; inpatient treatment commonly required |
| Felony | 240 hours (Class B4 tier); 480 hours (Class B3 two-prior-felonies tier) | Suspended sentences are limited at higher tiers; aggravated DUI minimums (10/30 days and up) cannot be probated, suspended, or deferred. Electronic monitoring is required for felony DUI convictions (§ 11-902(J)). | Full substance abuse assessment and mandatory inpatient or intensive outpatient treatment for all felony DUI convictions |
Implied Consent Law
Under 47 O.S. § 751, any person operating a motor vehicle in Oklahoma is deemed to have given consent to chemical testing of blood or breath when arrested for DUI. The arresting officer selects the type of test. Drivers are informed of the consequences of refusal at the time of the request.
Refusal penalties: First refusal: 180-day revocation. Second within 10 years: 1-year revocation. Third or subsequent within 10 years: 2-year revocation (47 O.S. § 6-205.1). Driving during the revocation is available only through the Impaired Driver Accountability Program (IID). Under the Erin Swezey Act, IID is required after reinstatement for 18 months (first refusal), 4 years (second revocation), or 5 years (third revocation). You may request an administrative hearing within 15 days, and refusal is admissible as evidence at trial (47 O.S. § 756).
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.15% or higher (aggravated DUI) | Aggravated DUI is a Class B3 felony even for a first offense (47 O.S. § 11-902(D)); the sentence includes a non-probationable minimum (10 days first aggravated offense, 30 days second, +30 days each subsequent), at least 1 year of supervision and periodic testing, an IID for at least 180 days, and mandatory treatment compliance. The Erin Swezey Act adds an 18-month IID requirement after the revocation ends |
| Child passenger under 18 in vehicle | Makes the DUI aggravated — a Class B3 felony even for a first offense — and doubles the fine (§ 11-902(L)); a separate felony child-endangerment charge (21 O.S. § 852.1, up to 4 years imprisonment and a $5,000 fine) may be brought in addition |
| Prior felony DUI conviction(s) | Each prior felony escalates the class: Class C2 (2nd within 10 years) → Class B4 (1–10 years) after one prior felony → Class B3 (1–20 years) after two → Class A2 (5–20 years) after a prior DUI-related murder or manslaughter conviction |
| Causing great bodily injury while DUI | Class B1 felony with 4 to 20 years in DOC custody and up to a $5,000 fine (47 O.S. § 11-904(B)); separate from the underlying DUI charge; victim restitution mandatory |
| Driving with revoked or denied license due to prior DUI | Separate felony charge of driving after former revocation; 1 to 5 years in prison; consecutive sentencing possible |
| Refusal to submit to chemical testing | Automatic license revocation of 180 days to 3 years; extended IID requirement; refusal admissible as evidence of guilt at trial |
DUI with Injury
Classification: Felony
DUI causing personal injury (47 O.S. § 11-904(A)): misdemeanor for a first offense — 90 days to 1 year in jail and up to a $2,500 fine; after a prior DUI-related conviction, a Class B5 felony with 1 to 5 years in DOC custody and up to a $5,000 fine. DUI causing great bodily injury (§ 11-904(B)): Class B1 felony with 4 to 20 years in DOC custody and up to a $5,000 fine. DUI causing death is prosecuted as first-degree manslaughter under Title 21 — 4 years to life with a 4-year minimum — or as second-degree murder in the most serious cases. Victim restitution is mandatory, and license revocation applies.
Underage DUI
Oklahoma has a strict zero-tolerance policy for underage drinking and driving. Any measurable amount of alcohol for a driver under 21 triggers a violation of the under-21 DUI statute (47 O.S. § 11-906.4). Penalties include license revocation for 6 months (first offense) or 1 year (subsequent), mandatory community service, substance abuse assessment, and fines up to $500. If the underage driver's BAC is 0.08%+, full adult DUI penalties apply.
Diversion Programs
Program: Deferred Sentence / DUI Court
Oklahoma allows deferred sentencing for first-offense DUI where the court delays imposing a sentence while the defendant completes probation conditions including substance abuse treatment, community service, and monitoring. Upon successful completion, the case may be dismissed and eligible for expungement. Oklahoma also operates specialty DUI Courts in several counties that provide intensive supervision and treatment as an alternative to incarceration for repeat offenders.
Eligibility: Deferred sentencing is generally available for first-offense misdemeanor DUI defendants who plead guilty or no contest. It is not available for felony DUI (2nd+ offense) unless the court has a DUI Court program. DUI Courts typically accept second and third offenders assessed as having substance use disorders. Eligibility for any diversion is at the court's and prosecutor's discretion.
How Long a DUI Stays on Your Record
A DUI conviction remains on your Oklahoma driving record permanently. Criminal records are also permanent unless expunged. Under Oklahoma law, a first-offense misdemeanor DUI that received a deferred sentence may be eligible for expungement after the deferral period ends and all conditions are met. Felony DUI convictions are generally not eligible for expungement. The 10-year lookback period applies only to penalty enhancement for new charges.
Key Statutes
- 47 O.S. § 11-902
- Driving under the influence of alcohol or intoxicating substance; penalties by offense count
- 47 O.S. § 761
- Driving while impaired (DWI) — lesser offense for BAC below 0.08%; fine $100–$500, up to 6 months in jail, 30-day revocation on a first conviction
- 47 O.S. § 751
- Implied consent to chemical testing; refusal penalties and procedures
- 47 O.S. § 6-205.1
- Revocation periods for DUI/implied-consent actions (180 days / 1 year / 2 years) and the Impaired Driver Accountability Program (IDAP)
- 47 O.S. § 11-904
- DUI-related personal injury (90 days–1 year first, Class B5 felony after a prior) and great bodily injury (Class B1 felony, 4–20 years); death cases are prosecuted under Title 21 manslaughter/murder statutes
Frequently Asked Questions
What is the penalty for a first DUI in Oklahoma?
Is a second DUI a felony in Oklahoma?
What is the difference between DUI and DWI in Oklahoma?
How long does a DUI stay on your record in Oklahoma?
What happens if you refuse a breathalyzer in Oklahoma?
Can you get a hardship license after a DUI in Oklahoma?
What is the lookback period for DUI in Oklahoma?
Can a DUI be expunged in Oklahoma?
Related Guide
DUI license recovery in Oklahoma→Step-by-step guide to getting your license back after a DUI in Oklahoma — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Oklahoma DPS — DUI/APC Information
Official Oklahoma Department of Public Safety page on DUI-related license actions, hearings, and reinstatement
- Oklahoma Statutes — Title 47 (Motor Vehicles)
Full text of Oklahoma motor vehicle laws including DUI statutes, implied consent, and penalty schedules
- Oklahoma ADSAC (Alcohol and Drug Substance Abuse Course) Providers
Oklahoma Department of Mental Health and Substance Abuse Services resource for finding certified DUI assessment and treatment providers
- Oklahoma Court Records — OSCN
Free online Oklahoma court records search for looking up DUI case information and court dates
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