Oklahoma

oklahoma2Oklahoma State Law

Oklahoma has two sets of procedures that you must attend to when you have been charged with a DWI—administrative and judicial. We suggest that you consult with a DWI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.

Administrative License Revocation (ALR) Procedures
Oklahoma is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with a driving under the influence offense. This action was designed to be in addition to and separate from the traditional DWI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device, and alcohol and drug rehabilitation.

You will be given a 15 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically remain suspended on the 16th day for 6 months. After the suspension period, you will have a restricted license allowing you to drive to work or school, health care providers, parole or probation meetings, drug and alcohol counseling, court approved locations and emergencies. Oklahoma allows you to install an interlock device in lieu of suspension after 30 days.

Remember that this is a separate case than the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.

Judicial Procedures
In Oklahoma, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .15% or higher, even on the first offense.

License Revocation, Fines and Jail

  • First Offense – Misdemeanor: 10 days to 1 year in jail, $1,000 fine and $100 assessment fee, 180 days license revocation, IF BAC ABOVE 0.15% an ignition interlock restriction for a period of 18 months following revocation or until driving privileges are reinstated, whichever is longer, and alcohol / substance abuse evaluation and treatment as required. Possible attendance at victim impact panel program.
  • Second Offence – Felony: 1 to 5 years in jail, up to $2,500 fine plus $100 assessment fee, 1 year license revocation, ignition interlock restriction for a period of 4 years following revocation or until driving privileges are reinstated, whichever is longer, and alcohol / substance abuse evaluation and treatment as required. Possible attendance at victim impact panel program, residential inpatient treatment, and electronic monitoring.
  • Third Offense – Felony: 1 to 10 years in jail, up to $5,000 fine plus $100 assessment fee, 3 years license revocation, ignition interlock restriction for a period of 5 years following revocation or until driving privileges are reinstated, whichever is longer, alcohol / substance abuse evaluation and treatment as required, and 240 hours community service. Possible attendance at victim impact panel program, residential inpatient treatment, or electronic monitoring.
  • Fourth and Subsequent Offense – Felony: 1 to 20 years in jail, up to $5,000 fineplus $100 assessment fee, 3 years license revocation, ignition interlock restriction for a period of 5 years following revocation or until driving privileges are reinstated, whichever is longer, alcohol / substance abuse evaluation and treatment as required, 480 hours community service, and supervision and periodic testing for at least 1 year. Possible attendance at victim impact panel program, residential inpatient treatment, or electronic monitoring.

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