Oklahoma lawDui

DUI Penalties in Oklahoma

September 28, 2026 · LawDiver Research Team

Start with Okla. Stat. tit. 47, § 11-902. In Oklahoma, BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense DUI is typically a misdemeanor with fines, possible jail, license revocation, assessment, and ignition-interlock conditions. Felony threshold: A second DUI within 10 years can be a felony; DUI causing injury/death can also be a felony. That is the question this guide answers for DUI penalties. Lookback: Prior DUI convictions within 10 years enhance; a felony DUI lookback can be longer for habitual tracks.. Ignition interlock: Ignition interlock is commonly required for modified driving privileges after DUI.

Blood alcohol limits in Oklahoma

0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21

Lookback window for prior offenses

Prior DUI convictions within 10 years enhance; a felony DUI lookback can be longer for habitual tracks.

How the Oklahoma rule applies

Apply the Oklahoma authorities in order. The facts are simplified so the statute and the standard are visible.

A driver in Oklahoma is charged with a first impaired-driving offense and wants to know what the statute actually sets.

  1. Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
  2. Read the first-offense range: First-offense DUI is typically a misdemeanor with fines, possible jail, license revocation, assessment, and ignition-interlock conditions.
  3. Ask when the charge becomes a felony: A second DUI within 10 years can be a felony; DUI causing injury/death can also be a felony. Lookback: Prior DUI convictions within 10 years enhance; a felony DUI lookback can be longer for habitual tracks.
  4. Interlock: Ignition interlock is commonly required for modified driving privileges after DUI.

Oklahoma DUI under 47 O.S. § 11-902 proceeds in district court with parallel DPS administrative actions.

First-offense penalties

First-offense DUI is typically a misdemeanor with fines, possible jail, license revocation, assessment, and ignition-interlock conditions.

When a Oklahoma DUI becomes a felony

A second DUI within 10 years can be a felony; DUI causing injury/death can also be a felony.

Ignition interlock and license consequences

Ignition interlock is commonly required for modified driving privileges after DUI.

How a typical Oklahoma DUI case unfolds

Oklahoma DUI under 47 O.S. § 11-902 proceeds in district court with parallel DPS administrative actions.

Case law: DUI penalties in Oklahoma

Susan Ann SMITH, Appellant, v. STATE of Oklahoma, Ex Rel. DEPARTMENT OF PUBLIC SAFETY, Appellee

Susan Ann SMITH, Appellant, v. STATE of Oklahoma, Ex Rel. DEPARTMENT OF PUBLIC SAFETY, Appellee, 1984 Okla. LEXIS 115 (1984)

…led the odor of alcohol on her breath, and arrested her for driving under the influence of intoxicating beverages (DUI). When the officer read her the request for the implied consent test, she declined to take any sobriety test. Thereupon, the arresting officer filed his officer’s affidavit and notice of revocation. Subsequently, the Commissioner of Public Safety issued an orde…

Oklahoma opinions such as Susan Ann SMITH, Appellant, v. STATE of Oklahoma, Ex Rel. DEPARTMENT OF PUBLIC SAFETY, Appellee are cited where DUI penalties is disputed. The court stated: "DUI). When the officer read her the request for the implied consent test, she declined to take any sobriety test. Thereupon, the arresting officer filed his officer’s affidavit and notice of revocation." That is the language to brief; the rest of the decision supplies the procedural posture.

Hollis A. JACKSON, Appellant, v. the STATE of Oklahoma, Appellee

Hollis A. JACKSON, Appellant, v. the STATE of Oklahoma, Appellee, 554 P.2d 39 (1976)

…tton County, Oklahoma, Case No. CRM-75-49, for the crime of Driving Under the Influence of Intoxicating Liquor in violation of 47 O.S.1971, § 11-902. The jury assessed punishment at the maximum of one (1) year in the county jail and a Five Hundred Dollar ($500.00) fine. From this judgment and sentence the defendant has filed this timely appeal. The evidence adduced at the trial…

Practitioners open Hollis A. JACKSON, Appellant, v. the STATE of Oklahoma, Appellee when Oklahoma DUI penalties turns on the distinction in this sentence: "County, Oklahoma, Case No. CRM-75-49, for the crime of Driving Under the Influence of Intoxicating Liquor in violation of 47 O.S.1971, § 11-902. The jury assessed punishment at the maximum of one (1) year in the county jail and a Five Hundred Dollar ($500.00) fine." Do not lift it out of the facts the court was deciding.

Appeal of Arlis William Tucker of the Order Sustaining the Order of Revocation Dated July 6, 1973, Case No

Appeal of Arlis William Tucker of the Order Sustaining the Order of Revocation Dated July 6, 1973, Case No, 1975 Okla. Civ. App. LEXIS 153 (1975)

…f the evidence is insufficient to show appellee was in fact driving under the influence. To examine the evidence and decide the issue of whether appellee was in fact driving a vehicle while under the influence requires an intimate look at the facts of the present case. On June 23, 1973, appellee was driving his brother’s car on Interstate Highway 35 from Purcell through Norman…

Appeal of Arlis William Tucker of the Order Sustaining the Order of Revocation Dated July 6, 1973, Case No is worth reading on Oklahoma DUI penalties because the court put the point in its own words: "To examine the evidence and decide the issue of whether appellee was in fact driving a vehicle while under the influence requires an intimate look at the facts of the present case." Use that passage as the starting point, then read the facts that precede it.

Cathy Jean MURRAH, Appellant, v. CITY OF OKLAHOMA CITY, Appellee

Cathy Jean MURRAH, Appellant, v. CITY OF OKLAHOMA CITY, Appellee, 1980 Okla. Crim. App. LEXIS 226 (1980)

…homa City. Cathy Jean Murrah was convicted in that court of Driving Under the Influence of Alcohol, Case No. 77-116262, in which judgment and sentence was formally entered as a fine of Three Hundred Dollars ($300.00) on June 28, 1978. The first police officer to arrive at the scene of appellant’s one-car accident found her trying to dislodge her car, with spinning wheels and en…

On DUI penalties, Cathy Jean MURRAH, Appellant, v. CITY OF OKLAHOMA CITY, Appellee speaks to the Oklahoma dispute in this passage: "City. Cathy Jean Murrah was convicted in that court of Driving Under the Influence of Alcohol, Case No. 77-116262, in which judgment and sentence was formally entered as a fine of Three Hundred Dollars ($300.00) on June 28, 1978." The surrounding opinion shows how the court applied that language to the record.

Stanley Dean PENNY, Appellant, v. STATE of Oklahoma, Appellee

Stanley Dean PENNY, Appellant, v. STATE of Oklahoma, Appellee, 1988 Okla. Crim. App. LEXIS 290 (1988)

…y Dean Penny, appellant, was tried by jury and convicted of Driving Under the Influence of Intoxicating Liquor, Subsequent Offense (47 O.S.Supp.1984, § 11-902), in Case No. CRF-84-430, in the District Court of Carter County, the Honorable Thomas S. Walker, District Judge, presiding. The jury assessed punishment at imprisonment for five (5) years and a fine of $2,500. Judgment a…

On DUI penalties, Stanley Dean PENNY, Appellant, v. STATE of Oklahoma, Appellee speaks to the Oklahoma dispute in this passage: "Dean Penny, appellant, was tried by jury and convicted of Driving Under the Influence of Intoxicating Liquor, Subsequent Offense (47 O.S.Supp.1984, § 11-902), in Case No. CRF-84-430, in the District Court of Carter County, the Honorable Thomas S. Walker, District Judge, presiding." The surrounding opinion shows how the court applied that language to the record.

John Edward LAMBERT, Jr., Appellant, v. STATE of Oklahoma, Appellee

John Edward LAMBERT, Jr., Appellant, v. STATE of Oklahoma, Appellee, 745 P.2d 1185 (1987)

…ict Court of Kay County Case No. CRF-86-50 of the crimes of Driving Under the Influence of Alcohol (Count I) and Driving While License is Revoked (Count II). He was fined $1,000.00 and sentenced to twelve (12) months in jail on Count I; fined $250.00 and sentenced to three (3) months in jail on Count II, the sentences to be served consecutively, and he appeals. The relevant fac…

Oklahoma opinions such as John Edward LAMBERT, Jr., Appellant, v. STATE of Oklahoma, Appellee are cited where DUI penalties is disputed. The court stated: "Court of Kay County Case No. CRF-86-50 of the crimes of Driving Under the Influence of Alcohol (Count I) and Driving While License is Revoked (Count II). He was fined $1,000.00 and sentenced to twelve (12) months in jail on Count I; fined $250." That is the language to brief; the rest of the decision supplies the procedural posture.

Key takeaways

  • BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
  • Lookback period: Prior DUI convictions within 10 years enhance; a felony DUI lookback can be longer for habitual tracks.
  • First-offense range: First-offense DUI is typically a misdemeanor with fines, possible jail, license revocation, assessment, and ignition-interlock conditions.
  • Felony threshold: A second DUI within 10 years can be a felony; DUI causing injury/death can also be a felony.
  • Ignition interlock: Ignition interlock is commonly required for modified driving privileges after DUI.
  • Primary authority: Okla. Stat. tit. 47, § 11-902.

Frequently asked questions

0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21

Is a first DUI a felony in Oklahoma?

A second DUI within 10 years can be a felony; DUI causing injury/death can also be a felony.

Will I need an ignition interlock device?

Ignition interlock is commonly required for modified driving privileges after DUI.

This guide covers Oklahoma impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.

DUI Penalties in Oklahoma (2026) | LawDiver