Oklahoma DUI Laws: Guide to Drunk Driving Charges and Penalties

Getting Started

In 2025, Oklahoma shifted to a whole new level of seriousness about impaired driving. It fast-tracked felony charges with little chance for probation for aggravated DUIs. Compared to neighboring states like Texas and Kansas, Oklahoma enforces stricter consequences for first-time aggravated offenses.

Being arrested for a DUI in Oklahoma initiates two separate processes: an administrative procedure through the Department of Public Safety that affects your driving privileges and a criminal case that determines legal penalties. This guide will walk you through what to expect if you get a DUI in Oklahoma.

Definitions to Know

Oklahoma Department of Public Safety (DPS)

The Oklahoma Department of Public Safety handles the administrative aspects of DUI cases, including license suspensions, revocations, and reinstatements. Oklahoma DPS is responsible for conducting administrative hearings when drivers contest license suspensions after DUI arrests. They also manage restricted license applications, monitor compliance with ignition interlock requirements, and process reinstatement applications when drivers fulfill their obligations.

Steps to Take After DUI Arrest in Oklahoma

1. Hire an Attorney

   Legal counsel can guide you through both administrative and criminal processes specific to Oklahoma.

2. Request an Administrative Hearing

   You have 15 days from arrest to request a hearing with DPS to contest your license suspension.

3. Apply for a Modified License

   If eligible, you may apply for limited driving privileges by installing an ignition interlock and meeting other requirements.

4. Install an Interlock Device

   Required for most DUI offenses in Oklahoma, mandatory after high-BAC convictions or repeat offenses.
   Explore IIDs

5. Complete Substance Abuse Evaluation

   You must attend an alcohol and drug assessment through an ADSAC (Alcohol and Drug Substance Abuse Course) provider.

6. Pay Fines and Fees

   Court fines cover license reinstatement and other administrative charges.

7. Complete DUI Education Program

   Mandatory ADSAC classes are required for most DUI convictions in Oklahoma.

8. Attend Court Proceedings

   Your criminal case will proceed through court independently from the administrative actions.

9. Serve Probation

   Probation terms typically include regular check-ins and abstaining from alcohol or drugs.

10. Avoid Further Violations

    Any new DUI or violation of license restrictions can result in severe penalties, including jail time and extended license suspensions.

DUI Laws in Oklahoma

What Are the Legal Driving Alcohol Limits in Oklahoma?

The law establishes specific blood alcohol concentration (BAC) thresholds based on age and license type. Oklahoma law enforcement typically uses breathalyzers to measure Breath Alcohol Concentration (BrAC) during traffic stops.

Felony vs Misdemeanor DUI Charges

In Oklahoma, DUI charges can be classified as either misdemeanors or felonies depending on several factors:

A DUI is typically charged as a misdemeanor for first offenses. First-time offenders face up to one year in jail, fines up to $1,000, and license suspension for 180 days.

A DUI becomes a felony in Oklahoma under these circumstances:

• Second or subsequent DUI offense within 10 years
• DUI causing an accident that results in great bodily injury
• DUI with a child passenger in the vehicle
• DUI after a previous felony DUI conviction

First felony DUI convictions carry penalties of 1-5 years in state prison, fines up to $2,500, and license revocation for at least one year.

What Are Drunk Driving Diversion Programs in Oklahoma?

Oklahoma does not have a formal pre-trial diversion program for DUI offenses at the state level. However, some counties may offer deferred sentencing agreements for a driver facing a first-time conviction. Under a deferred sentence, defendants must complete certain requirements such as ADSAC education, community service, and maintaining sobriety. If all conditions are met successfully, the court may dismiss the case, though the arrest record remains.

Refusing a Chemical Test Under Oklahoma DUI Law

Oklahoma operates under implied consent law. By driving on Oklahoma roads, you implicitly agree to chemical testing if arrested for suspicion of drunk driving. Refusing a blood, breath, or urine test has significant consequences:

*To regain driving privileges, drivers must first be eligible for the BOT program and then enroll and complete all program requirements.

DUI Penalties & Consequences

Penalties for DUI Offenses in Oklahoma

Penalties for DUIs in Oklahoma become progressively more severe with each conviction:

Aggravating Factors That Increase Oklahoma DUI Penalties

In Oklahoma, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail or prison time, extended license suspensions, and additional requirements:

• High BAC Levels: BAC of 0.15% or higher results in enhanced penalties, including mandatory IID even for first offenses.
• Child in Vehicle: DUI with a minor passenger is automatically charged as child endangerment, which can be a felony.
• Causing an Accident: DUI resulting in property damage increases penalties significantly.
• Injury or Death: DUI causing injury or death may be charged as additional serious felonies, including manslaughter or vehicular homicide.
• Driving on Suspended License: DUI while already on suspension carries additional penalties.
• Multiple Substances: Being under the influence of both alcohol and drugs leads to enhanced penalties.

Driving Without a Valid License

Driving with a suspended or revoked license in Oklahoma after a DUI is a serious offense with severe consequences. If caught, you face:

• Mandatory jail time of up to 1 year
• Additional fines up to $5,000, depending on violation number
• Extended suspension period (additional 4 months added to existing suspension)
• Possible vehicle impoundment
• Potential felony charges for drivers with multiple convictions
• Ineligibility for a modified license

 Driving without a valid license after a DUI doesn’t just carry legal penalties. It can also create major insurance issues, as your coverage may not apply to any damages you cause while driving without a license, leaving you personally responsible for injuries or property damage.

License Suspension

Who Determines if You Can Continue Driving After a DUI 

In Oklahoma, two separate entities determine driving privileges after a DUI:

1. Administrative (DPS): The Department of Public Safety handles administrative license suspensions, which occur automatically following arrest if you fail or refuse a chemical test. This process is independent of criminal proceedings and begins immediately.
2. Criminal (Courts): Oklahoma courts impose additional license suspensions as part of criminal sentencing if you’re convicted of DUI. These suspensions often run concurrently with administrative suspensions but may extend the overall period.

The DPS handles requests for modified licenses and determines eligibility based on the specifics of your case, including prior offenses and whether you’ve installed an ignition interlock device.

How Long Will Your License Be Suspended?

Getting your license suspended in Oklahoma means you cannot legally drive a vehicle unless you obtain a modified license during your suspension period. Here’s how long your regular license may be suspended for a DUI in Oklahoma:

*Court-ordered suspensions after conviction can vary depending on the judge’s sentence.

Steps to Reinstate Your License

To reinstate your driving privileges in Oklahoma after a DUI suspension:

1. Serve your full suspension period.
2. Pay reinstatement fees
3. Provide proof of completion of ADSAC assessment and all recommended treatment.
4. Complete Impaired Driver Accountability Program (IDAP).
5. Install an ignition interlock device if mandated and provide proof of installation.
6. Maintain IID for the required period (typically 18 months for first offense).
7. Provide proof of current auto insurance coverage.

How to Apply for Modified Driver’s License

After being found eligible to obtain a modified license in Oklahoma after a DUI you must:

• To obtain an Oklahoma Modified Driver License, you must:
• NOT be currently suspended, revoked, canceled or denied driving privileges for any reason in Oklahoma or any other state;
• Pay the statutory modification fee of $175.00 to Service Oklahoma;
• Provide proof of installation of an ignition interlock device on any vehicle you operate during the modification period;
• Provide proof of current liability insurance in your name or be a covered driver on someone else’s policy; and
• Pay the appropriate fee to obtain a Class D Modified Driver License

After being found eligible to obtain a modified license in Oklahoma after a DUI you must:

These requirements must be completed to obtain your modified license:

• Install an approved ignition interlock device from a vendor certified by the Oklahoma Board of Tests, such as Intoxalock, once instructed.
• Obtain an installation certificate from your IID provider.
• Complete ADSAC assessment and provide proof of enrollment in required treatment.
• Visit your local DPS office with:
  • Your installation certificate
  • Proof of ADSAC enrollment
  • Valid ID
  • Proof of insurance
  • Payment for modification fee
• Take a modified license examination if required.
• Agree to all terms and restrictions for the modified license.

Oklahoma Ignition Interlock Device (IID) Requirements

Oklahoma has strict IID requirements for DUI offenses, with mandatory installation for many cases, including all first-time convictions with a BAC of 0.15% or higher and all drivers with multiple DUI convictions.

The Oklahoma Board of Tests (BOT) oversees the ignition interlock program, certifying approved devices and vendors. All IIDs must be installed by an approved service provider and must meet the technical standards established by the BOT.

Key IID requirements in Oklahoma include:

• Minimum installation periods: 18 months for first offense, 4 years for second offense, 5 years for third and subsequent offenses
• Monthly calibration and servicing by an approved provider
• All vehicles you operate must have an IID installed
• Tampering with or circumventing the device is a criminal offense
• Failed tests or missed calibrations may extend your required IID period
• All data from the IID is reported to the BOT and may be shared with courts and prosecutors

Selecting the right ignition interlock provider can make a world of difference.

Find an Interlock Provider Near You

Substance Abuse Evaluation and Treatment

Oklahoma requires all drivers convicted of DUI to complete an Alcohol and Drug Substance Abuse Course (ADSAC) assessment and follow all treatment recommendations. This process is administered by the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS).

The ADSAC process includes:

• Initial screening and assessment (typically 3-4 hours)
• Determination of appropriate level of intervention
• For first offenses: 10-hour DUI School program
• For repeat offenses or those with high BAC: More intensive outpatient or inpatient treatment
• Regular monitoring and drug/alcohol testing during the program
• Completion certificate required for license reinstatement

ADSAC providers are located throughout Oklahoma, and you must use a state-certified provider for your assessment and treatment.

Understand what to expect and how to prepare for a substance abuse evaluation.

Read Our Guide on Alcohol Assessments

FAQs About DUIs in Oklahoma

Sources

1. Oklahoma Highway Safety Office. (n.d.). Alcohol-impaired driving. Oklahoma.gov. https://oklahoma.gov/highwaysafety/focus-areas/alcohol-impaired.html
2. FindLaw. (n.d.). What are the Oklahoma DUI laws? https://www.findlaw.com/state/oklahoma-law/what-are-the-oklahoma-dui-laws.html
3. National College for DUI Defense. (n.d.). Oklahoma DUI laws. https://www.ncdd.com/oklahoma-dui-laws
4. Oklahoma.gov. (n.d.). Violations, suspensions, and reinstatements hub. https://oklahoma.gov/service/popular-services/violations–suspensions–and-reinstatements–hub-.html
5. Oklahoma Board of Tests. (n.d.). Ignition interlock system. Oklahoma.gov. https://oklahoma.gov/bot/ignition-interlock-system.html
6. Oklahoma Department of Mental Health and Substance Abuse Services. (n.d.). ADSAC. Oklahoma.gov. https://oklahoma.gov/odmhsas/treatment/adult-family-treatment-services/adsac.html