Oklahoma DUI/DWI Laws: Penalties, Court Process, and Records

Impaired driving caused by alcohol, drugs, or a combination of both is most often referred to as Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) under United States law and practice. In Oklahoma, the official term is DUI, although DWI is used to describe certain lesser alcohol-related offenses. Both offenses carry strict penalties, with escalating consequences for repeat violations.

What Is a DUI or DWI in Oklahoma?

In Oklahoma law, both DUI and DWI are defined in Title 47 of the Oklahoma Statutes (Motor Vehicle Code). According to 47 O.S. § 11-902, a DUI means driving with a blood alcohol concentration (BAC) of 0.08% or higher, or driving while impaired by drugs or a combination of drugs and alcohol.

On the other hand, under 47 O.S. § 761, a DWI is considered a lesser offense and applies when a driver has a BAC between 0.05% and 0.07% with evidence of noticeable impairment.

A 0.04% BAC applies to commercial drivers in Oklahoma, and the Zero Tolerance Law prohibits drivers under 21 years from having any detectable alcohol.

DUI/DWI Penalties in Oklahoma

The state of Oklahoma applies a ten-year look-back period for impaired driving cases, with escalating penalties for subsequent violations.

• First DUI Offense (Misdemeanor)

The penalties are 10 days to 1 year in county jail, fines of up to $1,000, and a license suspension for 6 months

• Second DUI Offense (within 10 years)

Under Oklahoma law, this is a felony that is punishable by 1 to 5 years imprisonment, $2,500 fine, and the suspension of the driver’s license for one year. The court may require the driver to install an ignition interlock device (IID) and participate in an alcohol/drug evaluation program.

• Third DUI Offense (within 10 years, Felony)

An offender with a third DUI conviction within 10 years may be punished by a prison term from 1 to 10 years, fines up to $5,000, 3-year license revocation, and about 100 hours of community service.

• Fourth or Subsequent DUI (Felony)

The driver may be sentenced to prison for 1 to 20 years, with their license revoked for at least one year. In addition, the offender may pay a fine of up to $10,000 and receive other court-imposed conditions.

• Aggravated DUI (BAC ≥0.15%)

Oklahoma considers a DUI aggravated when the driver’s BAC is 0.15% or higher. The penalties include a mandatory installation of an ignition interlock device after conviction, periodic testing and monitoring for at least one year, and about 480 hours of community service.

• DWI

A DWI offense in Oklahoma is always a misdemeanor. A first-offense DWI can carry a fine of $100 to $500 and up to 6 months in county jail.

DUI/DWI Arrest and Court Process in Oklahoma

In Oklahoma, DUI cases carry both criminal charges and administrative penalties:

1. Traffic Stop and Arrest – If an officer observes signs of impairment, they may request a breath, blood, or urine test to measure BAC or detect drugs. Under Oklahoma’s implied consent law, a driver’s license may be revoked if the individual refuses to submit to testing.
2. Booking and Charges – The arrested individual is taken to the police department for processing and fingerprinting.
3. Administrative License Action – The Oklahoma Department of Public Safety (DPS) may immediately suspend the driver’s license based on test refusal or BAC results.
4. Arraignment – The driver makes an initial appearance in court to hear the charges and enter a plea.
5. Pre-Trial Hearings – Many cases are resolved through negotiation between the defense and prosecution before trial.
6. Trial – If no plea bargain is reached, the case proceeds to trial, where evidence is presented to a jury or judge.
7. Sentencing – If the defendant is convicted, the court imposes penalties such as fines, license revocation, and alcohol education.

How to Search for DUI/DWI Records in Oklahoma

DUI/DWI records in Oklahoma are accessible to the public and are maintained by several entities within the state:

Through the Criminal History Information Request Portal, individuals can request criminal history records from the Oklahoma State Bureau of Investigation, which can include DUI/DWI arrests and convictions. To complete a request, the applicant must provide the individual's full name, date of birth, and gender, along with a $15 fee for each name-based search.

The Oklahoma State Courts Network (OSCN) provides access to court dockets and case information, including DWI/DUI cases, which can be searched by party name or case number. Moreover, individuals who prefer to obtain certified copies can do so at the court clerk’s office in the county where the case was heard.

In accordance with the Oklahoma Open Records Act, the public can request access to DUI/DWI arrest records maintained by the local police department unless it is related to an ongoing investigation.

Individuals may also find DUI/DWI records for a fee through certain third-party platforms. Nevertheless, it is advisable to cross-reference with official sources to verify accuracy.

Typical DUI records in Oklahoma list the actions taken against the driver’s license, blood alcohol concentration levels, details of the conviction, and imposed sentences.

How Long Does a DUI Stay on Your Record in Oklahoma?

• Criminal Record: A DUI or DWI conviction is permanent on the offender’s record. Oklahoma does not allow the expungement of felony DUIs, while misdemeanor DUIs may be expunged after a period of time.
• Driving Record: The Oklahoma Department of Public Safety (DPS) keeps the DUI or DWI on record for 10 years for purposes of calculating repeat offenses and determining penalties.
• Insurance and Employment: A DUI conviction can significantly impact an individual’s car insurance rates for 3 to 5 years, depending on the provider.

Oklahoma distinguishes between DUI and DWI and enforces strict penalties for both offenses. The OSCN, OSBI, local police, and sheriff departments, county court clerks provide access to publicly available information in DUI/DWI records. A good understanding of Oklahoma's DUI/DWI framework is crucial to drivers, researchers, and employers due to its lasting impact.