Oklahoma Motor Vehicle Statute §47-761. Drunk Driving Penalties

A suspect caught driving under the influence in Oklahoma would face jail time and a financial penalty. A first conviction would be considered a misdemeanor as long as the perpetrator hadn’t caused an accident. But jailtime and a large fine are still possible.

People convicted can be forced to go into a substance abuse program. They can also have their licenses suspended.

Fines and Prison Time for Oklahoma DUI Offenders

Oklahoma drivers are guilty of DUI when they are caught driving or operating a vehicle with a blood alcohol content (BAC) of .08% or over. A first time offense that didn’t involve an accident or injuries, or children in the car, would be a misdemeanor. Violators could face jail time, fines, and other penalties.

Oklahoma’s motor vehicle codes go over the potential for prison time and financial penalties. But keep in mind the fines mentioned won’t be the only cost to you. You will also have to cover enormous court fees.

47 OK Stat § 761 (2023):

“A. Any person who operates a motor vehicle while his ability to operate such motor vehicle is impaired by the consumption of alcohol, or any other substance, other than alcohol, which is capable of being ingested, inhaled, injected or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing or other sensory or motor functions shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.”

A driver’s license suspension of at least 30 days is also likely. Offenders might also be asked to complete a substance abuse program.

There may be differences in punishments if your charges are filed in city court rather than state court. State penalties are generally stiffer.

Drunk Driving Punishment for Second Time Offenders

Drivers caught a second time within 10 years of the first offense would face felony charges. Offenders might face up to five years in prison and $2,500 in fines. Any following offense would only escalate the punishment received. Jail time can then reach 20 years with fines up to $5,000.

Your driver’s license suspension might go six months. And any further DUI incidents would mean your license would be taken away for a full year. An ignition interlock system will be required on your car (explained below).

Aggravated DUI Penalties in Oklahoma

Violators found to have a BAC of over .15% are hit with aggravated DUI charges. According to the Oklahoma Highway Safety Office, a conviction would carry the added penalty of drivers getting a  ignition interlock device on their vehicles. This would be for offenders who had gotten their driving privileges back.

This device forces offenders to blow into a device in order to start their cars. If they’ve had any alcohol, the car won’t start. Drivers also have to continue to blow into the device as they travel to keep the car working.

It would be in place for 18-months for first time offenders. Offenses beyond the first could leave the device in place for up to 4 years.

Of course, this ignition interlock device would be in addition to the penalties mentioned above.

Contact An Oklahoma Car Accident Lawyer If You Are Struck By a Drunk Driver

If an impaired motorist strikes you and you are seriously injured, you should speak to a skilled Oklahoma car accident lawyer at Ylla|Gosney. We help victims and their families in Tulsa, Oklahoma City, and across the state.

Contact us to schedule a free, no-obligation case consultation. It’s the best way to find out what your case may be worth before you speak to an insurance representative who may tell you your pain and damages aren’t worth anything.

If you require an accident attorney to get the most out of your accident claim, you won’t need any money to hire us. We don’t get paid unless your case is won. Then our attorney’s fee comes out of the settlement check an auto insurer must provide to you and your family.