Oklahoma DUI Attorneys

Charges from driving under the influence of alcohol, at first glance, might seem straightforward. However, proving that someone is driving under the influence is not always so simple. Law enforcement officers rely on a variety of tools, such as field sobriety tests, breathalyzers, and blood draws, to build a DUI case. Unfortunately, it’s not uncommon for these tools to be misused or for officers to exaggerate the circumstances surrounding the arrest. If you have been charged with Driving Under the Influence (DUI) in Oklahoma, you need serious legal representation to protect your rights and your future.

Oklahoma DUI Law Explained

Oklahoma law makes it illegal for any person to drive, operate, or be in actual physical control of a motor vehicle while impaired. Under Okla. Stat. tit. 47 § 11-902(A) (2018), a person can be charged with DUI if they:

• Have a blood or breath alcohol concentration (BAC) of 0.08% or greater within two hours of arrest;
• Are under the influence of alcohol to the degree that it affects their ability to safely operate a vehicle;
• Have any detectable amount of a Schedule I controlled substance or its metabolites in their system;
• Are under the influence of any intoxicating substance other than alcohol that impairs safe operation; or
• Are under the combined influence of alcohol and another intoxicating substance.

Importantly, being lawfully entitled to use alcohol or a controlled substance does not excuse a DUI under Oklahoma law. Even legally prescribed medications can lead to a DUI charge if they impair your ability to drive safely.

Penalties for DUI in Oklahoma

Oklahoma imposes serious penalties for DUI offenses, with increasingly severe consequences for repeat violations. Largely this is due to the high risk of fatality that is associated with DUIs. Each year, roughly 11,000 people die from fatalities relating to a person driving under the influence. In Oklahoma alone in 2023, there were an estimated 316 DUI-related deaths. Thus, Oklahoma law has implemented strict legislation to curb the risk.

First Offense

A first DUI offense in Oklahoma is classified as a misdemeanor. Penalties include:

• Imprisonment for 10 days to 1 year in the county jail;
• A fine of up to $1,000;
• Mandatory participation in a drug and alcohol assessment and compliance with any recommended treatment.

Although a misdemeanor, a DUI conviction can have a lasting impact on your criminal record, employment opportunities, insurance rates, and personal reputation. It is a permanent stain on your life unless you can receive an expungement once you qualify.

Second Offense

If you commit a second DUI offense within ten years of a previous felony DUI, the charge elevates to a felony. Punishment includes:

• 1 to 10 years in the custody of the Oklahoma Department of Corrections (state prison);
• A fine of up to $5,000;
• Completion of treatment programs at your own expense;
• Mandatory 250 hours of community service;
• Installation of an ignition interlock device (breathalyzer) on your vehicle.

A second felony DUI conviction can severely restrict your freedoms and permanently impact your rights, including your right to vote or own firearms. It is also harder to remove a felony from your record, especially if the charge includes a reckless driving infraction. Oklahoma law has strict rules regarding expunging felony convictions, often requiring people to seek a pardon before receiving an expungement.

Third or Subsequent Offense

A third DUI offense within ten years is also a felony, but with even harsher penalties:

• 1 to 20 years in state prison;
• A fine of up to $5,000;
• Mandatory completion of extensive treatment programs;
• Supervision for more than one year and frequent random testing at your expense.

The penalties for a third DUI can effectively derail your personal and professional life. The consequences go far beyond jail time, affecting your ability to find employment, secure housing, and rebuild your reputation. The court is also unlikely to offer you post-conviction relief through an expungement due to a pardon being unlikely. Pardons and expungements are solely for people with less chance of recidivism.

The Importance of Legal Representation

Given the high stakes, if you are facing driving under the influence of alcohol charges in Oklahoma, securing experienced legal counsel is not optional—it is absolutely essential. A skilled DUI attorney can investigate the circumstances of your arrest, challenge the legality of traffic stops, question the accuracy of chemical testing, and negotiate for reduced charges or alternative sentencing options such as diversion programs or treatment-focused solutions.

It’s also critical to act quickly. In addition to criminal penalties, DUI arrests trigger administrative license suspension proceedings, which operate on tight deadlines. Failing to request a hearing promptly could mean automatic suspension of your driving privileges, even before your case resolves.

Tulsa DUI Defense Attorneys Ready to Help

If you have charges for driving under the influence of alcohol in Tulsa or anywhere in Oklahoma, you don’t have to face the process alone. Our experienced DUI attorneys have successfully defended countless clients and helped many clear their records through expungement. Our team at Kania Law Office understands the intricacies of Oklahoma DUI law and knows how to protect your rights at every stage. Call us today for a free consultation at 918-743-2233 or reach out to us on our Ask A Lawyer page to let us help you fight for your future.