Oklahoma City Personal Injury Lawyers

Penalties in Oklahoma City, OK for Alcohol and Drug-Related Driving Offenses

Oklahoma state laws detail many offenses for driving while under the influence of alcohol and/or drugs. We have provided explanations of many of these offenses here: “Oklahoma Laws Governing DUI, DWI and Several Other Alcohol, Drug Driving Offenses.”

That page explains the offenses. This page details the penalties allowed by law for those offenses.

DRIVING UNDER THE INFLUENCE, DUI (Title 47, Section 11-902C)

First offense: Misdemeanor.

  •      10 days to one year in jail, and
  •      Up to $1,000 fine.

Second offense: Felony. (In Oklahoma, a felony is any crime that is punishable by a year or more of incarceration.)

  • Follow all recommendations of a treatment plan,

Or

  • 1-5 years incarceration, and
  • Up to $2,500 fine,

Or  combination of above.

Third offense: Felony.

  • Follow all recommendations of a treatment plan, and
  • 240 hours community service, and
  • Use of ignition interlock device,

Or

  • 1-10 years incarceration, and
  • Up to $5,000 fine,

Or  combination of above.

Fourth offense: Felony.

  • Follow all recommendations of a treatment plan, and
  • 480 hours community service, and
  • Use of ignition interlock device,

Or

  • 1-20 years incarceration, and
  • Up to $5,000 fine,

Or  combination of above.

• “Look Back Period”: In determining second, third and fourth offenses, the court looks back 10 years. In other words, an offense that occurs more than 10 years after the previous offense is not considered a second offense. The look back period in Oklahoma was increased in 2007 from five years to 10 years.

ACTUAL PHYSICAL CONTROL

The penalties for Actual Physical Control are the same as for driving under the influence.

DRIVING WHILE IMPAIRED, DWI (Title 47, Section 761)

  • $100 to $500 fine and/or
  • Up to 6 months in jail.

AGGRAVATED DUI (Title 47, Section 11-902D)

First offense: Misdemeanor.

  • $100 to $500 fine, and
  • 20 hours community service, and
  • Completion of a treatment program,

Or  any combination of the above,

Second offense: Misdemeanor.

  • 240 community service, and
  • Use of ignition interlock device,

Plus, possible:

  • Fine of $100 to $1000

Or:  Follow all recommendations of a treatment plan.

Third offense: Misdemeanor.

  • 480 community service, and
  • Use of ignition interlock device,

Plus, possible:

  • Fine of $100 to $2000.

Or:  Follow all recommendations of a treatment plan.

DUI WITH PERSONAL INJURY (Title 47, Section 11-904)

First offense: Misdemeanor.

  • 90 days to one year in jail, and
  • Fine of up to $2500.

Second offense: Felony.

  • 1 to 5 years incarceration, and
  • Fine of up to $5000.

DUI WITH GREAT BODILY INJURY (Title 47, Section 11-904)

First and subsequent offenses: Felony.

  • 1 to 10 years incarceration, and
  • Fine of up to $5000.

DUI WITH MINOR IN THE VEHICLE (Title 47, Section 11-902L)

The same penalties as for driving under the influence, except the fine may be doubled.

REVOCATION OF DRIVER’S LICENSE

In addition to the penalties above, state law requires the revocation of one’s driver’s license upon being convicted of many of the offenses above, including:

Driving while impaired

  • First offense: 30-day suspension.
  • Second suspension (whether for DWI or for an offense not involving drugs or alcohol): 6 months.
  • Third suspension: One year.

Driving under the influence

  • First offense: 6 months.
  • Second suspension: One year.
  • Third suspension: Three years.

Actual physical control: Same as DUI.

Any felony conviction that involves the use of a motor vehicle:

  • First offense: one year.
  • Second revocation: three years.

The state laws governing license revocation are here: Title 47, Section 6-205, Section 6-205.1

Additional Inherent Penalties

Of course, jail or prison time, monetary fines, and other penalties ordered by the court do not comprise the full extent of the penalties a person experiences for violating these Oklahoma state alcohol- and drug-related driving laws.

Other penalties, expenses and losses include:

  • Various court and agency costs and fees.
  • The costs of alternate transportation due to losing one’s driver’s license.
  • The cost of following a treatment plan.
  • The cost of supervision and periodic testing.
  • Attorney’s fees.
  •  Increased insurance rates.
  • Possible loss of one’s job and income, especially due to a felony conviction.