Smart Start of Oklahoma- Separating Drinking from Driving

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Home Oklahoma DUI Laws

Oklahoma DUI Laws

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Drinking and Driving Laws in Oklahoma

It is unlawful and punishable for any person(s) to drive, operate, or be in actual physical control of a motor vehicle within Oklahoma, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who has a blood or breath alcohol concentration of 0.08 or more at the time of a test, who is under the influence of alcohol, who is under the influence of any intoxicating substance, or the combination thereof.

Possible Punishments for DUI convictions in Oklahoma are as follows:

1st DUI Conviction (Misdemeanor)

  • Jail – From 10 Days to 1 Year
  • Fines – Up to $1,000
  • License Suspension – 30 Days
  • Participate in Assessment and Evaluation for Treatment

2nd DUI Conviction within 10 years of 1st conviction (Felony)

  • Jail – From 1 to 5 Years or Treatment and Imprisonment
  • License Suspension – 6 Months
  • Fine – Up to $2,500
  • Participate in Assessment and Evaluation for Treatment

3rd DUI Conviction within 10 years of 2nd conviction (2nd Felony)

  • Jail – From 1 to 10 Years or Treatment and Imprisonment
  • Fine – Up to $5,000
  • License Suspension – 1 Year
  • Community Service – 240 Hours
  • Participate in Assessment and Evaluation for Treatment

4th DUI Conviction within 10 years of 3rd conviction (3rd Felony)

  • Jail – from 1 to 20 years or Treatment and Imprisonment
  • Fines – Up to $5,000
  • License Suspension – Up to 3 years
  • Community Service – 480 Hours
  • Random Supervised Drug & Alcohol Testing Ignition Interlock Device
  • Participate in Assessment and Evaluation for Treatment

Common Definitions of Offenses:

DUI

Person(s) Driving Under the Influence of Alcohol or Other Intoxicating Substance or Combination Thereof. The consideration of whether or not someone is "under the influence" for purposes of Oklahoma DUI laws relates to whether or not the person's driving abilities have been legally impaired by the consumption of alcohol and/or drugs. Oklahoma, like many other states, has a "per se" law, which means that it is a violation of Oklahoma DUI law to drive with a blood or breath alcohol level of .08% BAC or more. Oklahoma DUI punishment and penalties for a first-offense DUI can include a fine, a jail sentence that can reach up to one year, the possibility of mandatory in patient treatment (if the breath test is .15% BAC or higher), 480 hours of community service, and ignition interlock on all vehicles.

APC

Person(s) being in Actual Physical Control of a vehicle while they are Under the Influence Alcohol or Other Intoxicating Substance or Combination Thereof. NOTE: Oklahoma DUI laws state that the charge of APC carries the same punishments and penalties as a DUI.

DWI

In Oklahoma a DWI refers to the charge of Driving While Impaired by alcohol, NOT Driving While Intoxicated. A DWI is charged against the driver who has an alcohol level below .08% BAC.

 

How to get started

  1. Select the Smart Start service center that’s most convenient to you.
  2. Call 1-800-880-3394 toll-free to schedule your installation appointment.
  3. Bring a copy of any paperwork specific to your interlock requirements, proof of address and photo identification to the installation.
  4. Allow about an hour for installation. We’ll explain how to use the interlock, the service requirements and what to do if you have any problems or questions.
  5. Sign your lease, pay the installation fee, make your initial lease payment – and you’re all set!