Oklahoma Motor Vehicle Statute §47-11-902. Drunk Driving Laws

Oklahoma motorists are expected to stay out of the driver’s seat if they have a blood or breath alcohol content (BAC) of .08% or over. This level can’t be discovered at any time up to two hours after an arrest or else the driver is guilty of driving under the influence.

Drivers can also be charged if they are caught behind the wheel under the influence of an illegal drug or prescription medicine. State law also allows more than just the blood or the breath to be tested to determine BAC.

Oklahoma Driving Under the Influence Laws

Drunk drivers and motorists under the influence of drugs can face life-changing punishments if they are caught. That’s not to mention the life-threatening harm they can do to others on the road.

Oklahoma motor vehicle statutes lay out the consequences of getting behind the wheel while impaired in our state.

47 OK Stat § 11-902 A (2023):

“A. It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who:

  1. Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more at the time of a test of such person’s blood or breath administered within two (2) hours after the arrest of such person;
  2. Is under the influence of alcohol;
  3. Has any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person’s blood, saliva, urine or any other bodily fluid at the time of a test of such person’s blood, saliva, urine or any other bodily fluid administered within two (2) hours after the arrest of such person;
  4. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or
  5. Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle.”

Prescription drugs are covered under “controlled substances” and can be considered an intoxicating substance. When drivers choose to get out on the road after consuming any of these substances, they are putting other motorists and pedestrians at extreme risk.

Offenders who cause accidents will likely face criminal charges, but the victims hurt by these accidents must also be able to count on financial help as they recover. This can be accomplished through a civil injury claim that is settled separately from DUI proceedings. Victims and families can seek help with medical bills and reimbursement for their lost time at work while recovering.

Punishment for Oklahoma DUI Offenders

A suspect caught driving under the influence 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.

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

Visit our page here to find out more about the penalties and jail time a DUI conviction brings.

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.