Oklahoma DUI Laws & Penalties
Last reviewed:
LAW IN FLUX 2025-2026: SB 54 (eff. Nov 1, 2025) briefly made first-offense aggravated DUI a felony; HB 2104 (eff. Jan 1, 2026) REVERTED that — a first offense is a misdemeanor again. SB 1543 (eff. Nov 1, 2026) added within-one-year aggregation as a Class C2 felony. Current § 11-902 uses Oklahoma's felony class system (C2/B4/B3). Do not repeat the outdated 'first DUI is now a felony' headlines.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.15%).
- Lookback period: 10 years. Ten years measured from the date following completion of execution of the prior sentence or deferred judgment (§ 11-902). A second DUI within that window is a felony (Class C2) — a lower felony threshold than the felony-at-third/fourth norm in most states.
- Primary statute: 47 O.S. § 11-902
0.15+ is one of the 'aggravated DUI' triggers under § 11-902(D), along with causing an injury/damage incident, reckless driving/traffic violations, or a passenger under 18. Aggravated DUI is charged as a Class B3 felony.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | misdemeanor | 10 days – 1 year; mandatory min 10 days (commonly probated); assessment/evaluation and treatment compliance required | $0–$1,000 (up to $1,000 plus court costs) | 180-day revocation – 1 year; hardship: modified license with IID immediately via the Impaired Driver Accountability Program (IDAP) | Not required |
| Second offense | felony (Class C2; second within 10 years) | 1 year – 5 years (prison); mandatory min minimum 5 days imprisonment if treatment lacks a residential/inpatient component; IID required | $0–$2,500 (up to $2,500) | 1-year revocation – 3 years+; hardship: IID via IDAP | Required |
| Third offense | felony (Class B4 after one prior felony; Class B3 after two prior felonies) | 1 year – 10 years (Class B4); up to 20 years (Class B3 after two prior felony DUIs); mandatory min 1 year | $0–$5,000 (up to $5,000) | 3-year revocation – 3 years+; hardship: IID | Required |
First offense
- Classification: misdemeanor
- Jail: 10 days – 1 year; mandatory min 10 days (commonly probated); assessment/evaluation and treatment compliance required
- Fine: $0–$1,000 (up to $1,000 plus court costs)
- License suspension: 180-day revocation – 1 year; hardship: modified license with IID immediately via the Impaired Driver Accountability Program (IDAP)
- Alternative disposition: Deferred sentence common for first offenders; IDAP participation with IID keeps driving privileges. A first offense is a misdemeanor after HB 2104 (Jan 1, 2026).
- Interlock: IID required if BAC 0.15+ or via IDAP; installing IID under IDAP can waive the revocation.
- Aggravated first-offense factors (0.15+, injury, reckless, passenger <18) trigger enhanced conditions/monitoring; whether they elevate a standalone first offense to Class B3 felony vs. adding conditions is the one point to re-read against the operative § 11-902(D) text at page QC.
Second offense
- Classification: felony (Class C2; second within 10 years)
- Jail: 1 year – 5 years (prison); mandatory min minimum 5 days imprisonment if treatment lacks a residential/inpatient component; IID required
- Fine: $0–$2,500 (up to $2,500)
- License suspension: 1-year revocation – 3 years+; hardship: IID via IDAP
- Oklahoma's felony-at-second rule is stricter than the felony-at-third/fourth norm elsewhere.
Third offense
- Classification: felony (Class B4 after one prior felony; Class B3 after two prior felonies)
- Jail: 1 year – 10 years (Class B4); up to 20 years (Class B3 after two prior felony DUIs); mandatory min 1 year
- Fine: $0–$5,000 (up to $5,000)
- License suspension: 3-year revocation – 3 years+; hardship: IID
- Class B4: 1-10 years. Class B3 (after two prior felony convictions): 1-20 years. Both carry the $5,000 max fine.
Refusing a chemical test (implied consent)
Refusal: 180-day revocation on a first occurrence (longer for repeats); driver may enroll in IDAP with IID to keep driving. Refusal is admissible and is also an aggravating factor.
Statute: 47 O.S. § 751 et seq.
Ignition interlock
Impaired Driver Accountability Program (IDAP): promptly installing an IID waives the administrative revocation. IID is required for BAC 0.15+ and on all repeat/felony offenses.
Statute: 47 O.S. § 6-212.3; § 11-906.4
Frequently asked questions
What is the penalty for a first DUI in Oklahoma?
A first DUI in Oklahoma is a misdemeanor. Jail: 10 days – 1 year; mandatory min 10 days (commonly probated); assessment/evaluation and treatment compliance required. Fine: $0–$1,000 (up to $1,000 plus court costs). License suspension: 180-day revocation – 1 year; hardship: modified license with IID immediately via the Impaired Driver Accountability Program (IDAP).
What is the legal BAC limit in Oklahoma?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Oklahoma look back at prior DUI offenses?
10 years. Ten years measured from the date following completion of execution of the prior sentence or deferred judgment (§ 11-902). A second DUI within that window is a felony (Class C2) — a lower felony threshold than the felony-at-third/fourth norm in most states.