Oklahoma Implied consent – evidence of refusal
- Evidence that a driver has refused a chemical test is admissible in any trial of any criminal action or proceeding arising out of acts alleged to have been committed while violating drugged driving laws. 47 Okl.St.Ann. § 756. Implied consent – administrative / civil penalty for refusal
- Refusal with no prior revocations driver’s license suspended for 180 days.
- Refusal with one prior revocation of license or conviction within past 10 years driver’s license revoked for at least one year.
- Refusal with two or more prior license revocations within past 10 years driver’s license revoked for at least three years. 47 Okl.St.Ann. § 6-205.1(A). Implied consent – criminal penalty for refusal None.
Oklahoma DUI Conviction – administrative / civil penalty (license suspension, use of IID)
- First conviction driver’s license suspended for 180 days.
- Conviction with one prior license revocation within 10 years driver’s license revoked for one year. Conviction with two or more prior revocations within 10 years driver’s license revoked for three years. 47 Okl.St.Ann. § 6-205.1(B).
- Court may order an offender to install IID on vehicle and use for a period of up to two years. 22 Okl.St.Ann. § 991a(A)(1)(n).
Oklahoma DUI Conviction – criminal penalties (jail sentence, fines, community service)
- First conviction misdemeanor; jail sentence of 10 days to one years; fine up to $1,000.
- Second conviction within 10 years felony; jail sentence of one to five years; fine of up to $2,500.
- Third conviction within 10 years felony; jail sentence of one to ten years; fine up to $5,000; 240 hours community service.
- Fourth or subsequent conviction within 10 years felony; jail sentence of up to 20 years; fine up to $5,000; 480 hours community service. 47 Okl.St.Ann. § 11-902(C).
- Additional penalties if driver commits an offense while causing personal injury or “great bodily injury” to another person. 47 Okl.St.Ann. § 11-904.
Child endangerment
- If a driver aged 18 or older commits a violation with a person under age 18 in the vehicle, the criminal fine is double the amount of the fine imposed for the underlying driving under the influence (DUI) violation. 47 Okl.St.Ann. § 11-902(L)(1).
DUI Arrest Statistics and Oklahoma Drunk Driving Statistics
DUI Arrest Statistics | Data | |
Average number of people arrested annually for drunk driving | 1,500,000 | |
Oklahoma DUI’s | 18,980 | 3,791,508 |
* Sources: State Justice Department, Federal Highway Administration