Second Offense DUI in Oklahoma

In Oklahoma, DUI, which stands for Driving Under the Influence, refers to the offense of operating a vehicle while impaired by alcohol or drugs. A second DUI offense occurs when an individual is arrested for driving under the influence, or for having a Blood Alcohol Content (BAC) of 0.08% or higher, after having been previously convicted of DUI in Oklahoma within the last ten years.

A second DUI is typically classified as a felony, which carries more severe penalties than a first offense, as outlined in 47 O.S. § 11-902 and 21 O.S. § 51.1. This classification aligns with Oklahoma's strict policy on repeat DUI offenses, which protects public safety and discourages repeat offenses.

Is a 2nd DUI a Felony in Oklahoma?

If a second DUI violation in Oklahoma takes place within ten years of a previous DUI conviction, it is usually considered a felony. This "look-back" period covers both in-state and out-of-state convictions under 47 O.S. § 11-902(C)(2).

A second DUI can be classified as a felony if there are aggravating circumstances involved. These might include causing significant harm, inflicting property damage, or having a high blood alcohol content, typically 0.15% or higher. The state aims to prevent repeat offenses and ensure public safety, which is reflected in the stricter penalties, including jail time, associated with DUI felonies.

What is the Lookback Period for a Second DUI in Oklahoma?

The ten-year DUI lookback period in Oklahoma begins when the term or deferred judgment for a previous DUI conviction is completed. A second DUI during this time frame is considered a felony under 47 O.S. § 11-902(C), which carries more severe penalties. If specific requirements are met, convictions from courts of record—including convictions from outside the state—are considered.

What are Aggravating Factors in a Second DUI?

Aggravating circumstances for a second DUI in Oklahoma can result in harsher punishments, such as increased jail time, fines, and felony charges. These elements indicate an increased risk, which necessitates stricter penalties to ensure public safety.Typical aggravating factors consist of:

• When a BAC of 0.15% or above (which, according to 47 O.S. § 11-902(D), is regarded as aggravated DUI) is discovered.
• When driving while carrying a minor passenger
• When it results in harm, death, or destruction of property
• When there is a refusal to participate in a chemical analysis
• When found using a license that has been revoked or suspended
• When there is an open alcohol container in the vehicle
• When caught in careless or high-speed driving

What Happens If You Get a 2nd DUI in Oklahoma?

In Oklahoma, a second DUI could have the following repercussions:

• Charged with a felony (if within 10 years of the initial offense)
• 1–5 years in prison
• $500–$2,500 in fines
• One-year license revocation
• Required drug and alcohol testing and treatment
• Installation of ignition interlock device
• Community service
• Permanent criminal record
• Higher insurance expenses and restricted employment opportunities

How Long Does a Second DUI Stay On Your Record in Oklahoma?

In Oklahoma, a second DUI usually results in a lifelong felony record, which can negatively affect one's reputation, professional license, housing, and employment. Most felony DUI convictions are permanently visible on criminal background checks, though expungement may be possible in certain circumstances.

How Much Does a Second DUI Cost in Oklahoma?

The typical fine for a second DUI offense in Oklahoma is between $500 and $2,500. A high blood alcohol content, causing harm, or refusing a chemical test are examples of aggravating factors that can cause these to rise dramatically. Extra expenses consist of:

• Fees for court ($200 to $500)
• Fees for probation supervision
• Installation and upkeep of ignition interlocks ($75–$150 per month)
• Costs of alcohol evaluation and treatment
• Fees for regaining a license
• Even without higher insurance rates, the overall expenses can easily surpass $5,000.

Chances of Going to Jail for a Second DUI In Oklahoma

Since it is usually punished as a felony if the previous conviction occurred within ten years, a second DUI in Oklahoma carries a required minimum jail sentence of one year and a maximum of five years. Longer incarceration may result from aggravating circumstances, such as a blood alcohol content of 0.15% or greater, inflicting harm or death, or refusing a chemical test. Increased punishment beyond the usual range may also be imposed for prior DUI-related offenses.

Driver's License Suspension for a Second DUI In Oklahoma

According to 47 O.S. § 6-205.1, a driver's license in Oklahoma is usually revoked for a year after a second DUI conviction. This timeframe can be extended if there are aggravating circumstances or if the individual declined a chemical test. If offenders install an ignition interlock device, finish a drug and alcohol assessment, and fulfill other court and DPS requirements, they may be eligible to apply for a modified (hardship) license with limited driving privileges, such as for job, education, or medical reasons. Recurring refusals or past felonies may result in eligibility being denied.

Ignition Interlock Device Requirement

Oklahoma law requires installing an ignition interlock device (IID) for at least 12 months following a second DUI conviction, as stipulated in 47 O.S. § 11- 902a and § 6-212.3. According to this regulation, individuals are responsible for covering the costs of installing and maintaining the device. The Act stipulates explicitly that the IID requirement must be accompanied by a $50 restricted driver's license charge. Customers can expect to pay an initial installation fee of approximately $65, monthly lease fees ranging from $50 to $75, and calibration fees of around $20 per session (typically every one to three months). The typical range of removal expenses is $50 to $150.

Unless the driver gives a breath sample devoid of alcohol, the IID stops the car from operating. Installation may be necessary during any hardship licensing period and complete reinstatement. With potential extensions for aggravating circumstances or more infractions, offenders are liable for all expenses.

DUI School and Substance Abuse Treatment

In Oklahoma, those convicted of a second DUI conviction must finish an Alcohol and Drug Substance Abuse Course (ADSAC), sometimes known as DUI school, which is approved by the state. Usually, this program consists of a 10- or 24-hour training session that covers behavior modification techniques and the dangers of driving while intoxicated. A mandatory drug and alcohol evaluation by a qualified ADSAC assessor is also required of offenders. The outcomes of the exam may require additional therapy, which could include residential rehabilitation or outpatient counseling. Fulfilling court duties and returning your driver's license depend on following these rules. The Department of Mental Health and Substance Abuse Services will set the course enrollment fees. They must be between sixty-five dollars ($65.00) and no more than $150 for ten-hour courses and $360 for twenty-four-hour courses. (§43A-3-453)

Probation Conditions

In Oklahoma, a court may impose probation with strict supervision after a second DUI conviction under 47 O.S. § 11-902 and § 991a of Title 22. Typical probationary conditions include frequent check-ins with a probation officer, refraining from the use of alcohol and non-prescription drugs (as monitored by random testing), and limiting travel without permission from the court or probation officer. The offender is required to participate in victim impact panels, attend any court-mandated treatment programs, complete the Alcohol and Drug Safety Action Course (ADSAC), install and maintain an Ignition Interlock Device, and avoid committing any new crimes. Failure to comply with these requirements may result in probation revocation and potential jail time.

Community Service Requirements

Oklahoma law requires community service as part of probation or punishment for a second DUI conviction. Depending on the severity of the case and the number of prior offenses, courts usually require 240 to 480 hours of service. Community service may involve activities such as roadside cleanup, volunteering at organizations, or engaging in public safety programs. It often serves as a substitute for or an addition to incarceration to promote responsibility and rehabilitation.

Impact on Auto Insurance

In Oklahoma, a second DUI conviction can lead to a substantial increase in vehicle insurance rates and may result in the termination or non-renewal of the policy. Oklahoma law considers drivers with such convictions to be high-risk, resulting in higher premiums. To reinstate their license, offenders must submit an SR-22, or certificate of financial responsibility, to the Oklahoma Department of Public Safety. This form informs insurers of the conviction and frequently results in long-term coverage and economic repercussions.

Which Courts Handle DUI Cases in Oklahoma?

Oklahoma judges decide DUI cases according to the location and seriousness of the offense. Municipal courts handle misdemeanor DUIs within city borders, whereas district courts handle felony DUIs and those containing aggravating circumstances. Notably, only Tulsa and Oklahoma City have Municipal Criminal Courts of Record, which permits DUI convictions in these courts to be utilized to increase sentences.

Here is a list of key courts handling DUI cases in Oklahoma:

Oklahoma City Municipal Court
700 Couch Drive,
Oklahoma City,
OK 73102
Phone: (405) 297-2673
Website: okc.gov/courts

Tulsa County District Court
500 South Denver Avenue,
Tulsa,
OK 74103
Phone: (918) 596-5000
Website: tulsacountydistrictcourt.org

Norman Municipal Court
201 West Gray Street,
Building B, Norman,
OK 73069
Phone: (405) 366-5325
Website: normanok.gov

Tulsa Municipal Court
600 Civic Center,
Tulsa,
OK 74103
Phone: (918) 596-1625
Website: cityoftulsa.org

Cleveland County District Court
200 South Peters Avenue,
Norman,
OK 73069
Phone: (405) 321-6402
Website: clevelandcountyok.com

The Oklahoma Department of Public Safety (DPS) oversees the administrative aspects of DUI charges, including license suspensions and reinstatements, outside of court processes. Those arrested for DUI have 15 days to ask the DPS for a hearing to challenge license suspensions. Here are the contact details:

3600 North Martin Luther King Avenue,
Oklahoma City,
OK 73111
Phone: (405) 425-2059
Website: oklahoma.gov/dps

To inquire about license reinstatement in Tulsa, call (918) 632-7710 to reach the DPS.

Can You Get a DUI on a Horse in Oklahoma?

No. According to 47 O.S. § 11-902, DUI regulations in Oklahoma only apply to "motor vehicles", defined as automobiles with engines. Consequently, it is not a DUI offense to ride a horse while intoxicated. However, there may still be further legal repercussions for people who ride horses while intoxicated. These may include hazardous behavior, public intoxication (37A O.S. § 6-101), or animal cruelty in the case of an endangered horse. Therefore, even if you can't obtain a DUI on a horse, you can still get arrested.