Oklahoma · Handbook chapter 10 · 5 min read
Chapter 10: Alcohol, drugs, violations and penalties
Oklahoma DUI law: how alcohol and drugs affect driving, implied consent, BAC limits, impaired driving above 0.05, DUI penalties, zero tolerance under 21, penalties for drivers under 18, fake IDs, mandatory revocation and the point system.
Why this chapter matters
Drug and alcohol laws are named in the manual as one of the written test topics. Learn the BAC levels (0.05, 0.08, any amount under 21), the revocation periods, and the 10-point suspension rule.
How alcohol and drugs affect you
Alcohol reaches your blood quickly and affects judgment first, so you do not know you have had too much until it is too late. It slows reflexes, blurs vision and makes it hard to judge distance and speed. Alcohol is involved in about one quarter of highway deaths.
- A 12-ounce beer, a 5-ounce glass of wine and a drink with 1.5 ounces of 80-proof spirits hold the same amount of alcohol.
- Many prescription and over-the-counter drugs, such as cold and allergy medicine, pain pills and diet pills, can make you drowsy or dizzy. Read the label and ask a pharmacist.
- Mixing drugs, especially with alcohol, multiplies the effects.
- Even where cannabis is legal for medical use, it is illegal to drive with any detectable cannabis in your system.
- Drivers on amphetamines are about four times more likely to crash.
Implied consent
By driving, or being in actual physical control of a vehicle, you have agreed to a test of your blood or breath alcohol. Refusing brings an automatic revocation, even if you had not been drinking. A test result of 0.08 or more, or any measurable amount under 21, also leads to revocation even if you are not convicted in court. Implied consent revocations run from 180 days to 2 years, depending on your record.
Impaired driving and DUI
- A BAC over 0.05 is evidence that your ability was impaired. A conviction for impaired driving brings a fine of $100 to $500, up to 6 months in jail, or both, and a suspension of 30 days for a first offense, 6 months for a second and 1 year for a third.
- A BAC of 0.08 or more, or the officer's observations, can lead to a DUI conviction, even without a test.
| DUI offense | Penalty |
|---|---|
| First | Misdemeanor: 10 days to 1 year in jail and up to $1,000 |
| Second within 10 years | Felony: 1 to 5 years and up to $2,500 |
| Second felony | 1 to 7 years and up to $5,000 |
| Third or later | 1 to 10 years and up to $5,000 |
After a DUI conviction, the license is revoked for 180 days on a first revocation, 1 year with one prior in 10 years and 2 years with two or more. Extra costs include lawyers, court costs, an alcohol and drug assessment, an ignition interlock, reinstatement fees and higher insurance.
Zero tolerance under 21
A driver under 21 breaks the law with any measurable alcohol, or any sign of being under the influence of another substance.
- First offense or test refusal: revocation for 6 months. Second: 12 months. If you are under 16, the cancellation lasts at least until you turn 16.
- Fines: $100 to $500 for a first conviction and $100 to $1,000 for later ones, or community service or treatment.
Drivers under 18
Courts must report any alcohol or drug offense by a driver under 18 to Service Oklahoma, which then cancels or denies the license for 6 months, 1 year, or 2 years or until age 21, whichever is longer, as the court directs.
Misusing a license
Lending your license, using someone else's, altering one or using a fake ID can get your license canceled. Using, carrying, borrowing or buying a fake ID is a felony that can bring up to 7 years in prison and a $10,000 fine.
Mandatory revocation
Your license is revoked for 6 months to 3 years for manslaughter or negligent homicide with a vehicle, DUI, a felony using a vehicle, leaving the scene of an injury or fatal crash, lying under oath to get a license, a drug conviction while using a vehicle, or, under 21, driving with any measurable alcohol.
The point system
10 or more points within 5 years means suspension.
| Offense | Points |
|---|---|
| Reckless driving | 4 |
| Passing a stopped school bus | 4 |
| Speeding more than 25 mph over the limit | 3 |
| Speeding, careless driving, following too closely, running a stop sign or light, failing to yield, left of center | 2 |
| Defective vehicle and most other violations | 1 |
Points drop by 2 for each 12 months without a conviction and reach zero after 3 clean years. An approved defensive driving course removes 2 points, once every 24 months.
A copy of your driving record costs $25 (free if you are over 65).
Frequently asked questions
What is the legal BAC limit in Oklahoma?
0.08 for DUI, but over 0.05 is evidence of impaired driving. Drivers under 21 may have no measurable alcohol at all.
What happens if I refuse a breath or blood test?
Your driving privilege is automatically revoked, even if you had not been drinking.
How many points lead to a suspension?
10 or more points within 5 years.
Can I drive after using medical marijuana?
No. It is illegal to drive with any detectable cannabis in your system.
Based on the Oklahoma Driver Manual (Service Oklahoma), Chapters 12 and 13.