Oklahoma Laws on DUI, DWI, Drunk & Drugged Driving
On this webpage, Hasbrook & Hasbrook provides explanations of many of the Oklahoma laws related to DUI, DWI and other offenses that involve driving under the influence of alcohol and/or drugs.
Many websites that provide such information are published by attorneys who provide legal defense to people accused of driving under the influence. However, Hasbrook & Hasbrook does not represent DUI and DWI defendants. To the contrary, Hasbrook & Hasbrook gives legal counsel to individuals and their families who are the victims of driving offenses.
Illegal driving, including speeding, reckless driving, and alcohol-related and/or drug-related driving, has brought immeasurable tragedy and heartache to the lives of thousands of Oklahomans. During many years of providing legal representation to such citizens, we have seen firsthand the despair and destruction that can result.
Hasbrook & Hasbrook advocates for strict laws that seek to keep our Oklahoma roads safe and prevent tragedies. That is why we have a great interest in the state laws that govern driving. We share this information with you as a public service.
Laws frequently change. We make every effort to keep this information up to date. However, if you notice any details here that have been changed by recent laws, please bring it to our attention.
If you or a family member has experienced harms or losses in an accident that involved a driver who was drunk, on drugs, speeding or otherwise reckless, Contact Us. Nobody can turn back time to undo tragedy. However, it is our privilege to work with you in obtaining the greatest financial compensation possible to help with all of the direct and indirect costs you and your family are experiencing due to a traffic tragedy.
OKLAHOMA STATUTES RELATED TO ALCOHOL-, DRUG-RELATED DRIVING
There are many state laws that govern various driving offenses, including offenses that involve alcohol or drugs. The Oklahoma State Courts Network makes our state laws available online. Here are several links to the appropriate sections, so you can read the laws for yourself. A brief explanation of these laws is provided next.
Title 47: Motor Vehicles
* Section 6-205.2: Disqualification of Persons from Operating Commercial Motor Vehicles
* Section 11-902: Persons Under the Influence of Alcohol or Other Intoxicating Substance or Combination Thereof
* Section 11-904: Personal Injury Accidents
* Section 11-906.4: Driving Under Influence of Alcohol or Other Intoxicating Substance
* Section 751: Implied Consent to Breath, Blood, or Other Test for Determining Concentration of Alcohol or Other Intoxicating Substance
* Section 756: Admission of Evidence Shown by Tests
* Section 761: Operation of Motor Vehicle While Impaired
- Driving under the influence, DUI (Section 11-902A above): The crime of “driving under the influence” is driving under the influence of alcohol, drugs or a combination of both. The law defines DUI as having one or more of five conditions that render a driver unable to drive safely. The first of those five conditions is having a blood or breath alcohol concentration (BAC) of .08 or more within two hours after arrest.
- Driving under the influence of drugs and/or an intoxicating substance (Section 11-902A above): DUI is not limited to driving under the influence of alcohol. As explained above, DUI is a driver having one or more of five unsafe conditions while driving. Three of those conditions are: (1) Having any amount of a Schedule 1 chemical or controlled substance in your system (marijuana is a Schedule 1 substance), (2) Being under the influence of any intoxicating substance, or (3) Being under the influence of a combination of alcohol and an intoxicating substance.
- Driving while impaired, DWI (Section 761 above):DWI requires a lower blood alcohol content for conviction, a BAC of .05 to .07, and it carries a lower penalty and fine.
- Aggravated DUI (Section 11-902D above): Aggravated DUI requires a higher blood alcohol content for convention, a BAC of .15 of more, and carried a higher penalty and fine.
- Commercial DUI (Section 6-205.2B above): Operating or having actual physical control of a commercial vehicle with a breath or blood alcohol concentration (BAC) of .04. The .04 limit is less than the .05 necessary for a DWI conviction and half the .08 necessary for a DUI conviction.
- Refusal to take test (Section 751 above): Oklahoma has “implied consent,” meaning that the act of getting behind the wheel of a vehicle means that you are granting consent to be tested, if an officer has probable cause. Refusal to submit to a test to determine alcohol concentration can result in revocation of your license.
- Under-age drunk driving: (Section 11-906.4 above): It is against the law for a person below the age of 21 to drive or have actual physical control of a vehicle with any measurable level of alcohol and/or drugs in one’s system. In this regard, Oklahoma is a “zero tolerance” state.
- DUI with personal injury or great bodily injury (Section 11-904 above): If a driver is found guilty of DUI and the incident resulted in a personal injury, the driver may be found guilty of DUI with personal injury. This section also provides for a felony offense and greater punishment for a DUI driver who causes “great bodily injury,” defined as “serious, permanent disfigurement,” the loss or impairment of any bodily member or organ, or “creat[ing] a substantial risk of death.”
- DUI with minor in the vehicle (Section 11-902L above): An adult (18 years or older) who is convicted of DUI (or any provision of Section 11-902) and had a minor (17 years or younger) in the vehicle can be ordered to pay a doubled fine. The offender may also be prosecuted under the Felony Child Endangerment statute. This law was passed in Oklahoma in 2009.
- Actual physical control (Section 11-902A above): It is not just a violation to be driving under the influence. It is also a violation to be in physical control of a vehicle, even if the vehicle is not moving, while you under the influence (BAC of .08 or more within two hours after arrest). Having physical control means having the ability to drive the car, for example, having the keys, even if the car is stopped at the time of the arrest. One common APC violation is someone who has pulled over to “sleep it off,” but has a BAC of .08 or higher at the time of the arrest.