{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-11-902v3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-11-902v3","heading":"Persons under the influence of alcohol or other","body":"intoxicating substance or combination thereof — Penalty —\n\nEnhancement.\n\nA. It is unlawful and punishable as provided for in this\n\nsection for any person to drive, operate, or be in actual physical\n\ncontrol of a motor vehicle within this state, whether upon public\n\nroads, highways, streets, turnpikes, other public places or upon any\n\nprivate road, street, alley, or lane which provides access to one or\n\nmore single or multi-family dwellings, who:\n\n1. Has a blood or breath alcohol concentration, as defined in\n\nSection 756 of this title, of eight-hundredths (0.08) or more at the\n\ntime of a test of such person’s blood or breath;\n\n2. Is under the influence of alcohol;\n\n3. Has any amount of a Schedule I chemical or controlled\n\nsubstance, as defined in Section 2-204 of Title 63 of the Oklahoma\n\nStatutes, or one of its metabolites or analogs in the person’s\n\nblood, saliva, urine, or any other bodily fluid at the time of a\n\ntest of such person’s blood, saliva, urine, or any other bodily\n\nfluid;\n\n4. Is under the influence of any intoxicating substance other\n\nthan alcohol which may render such person incapable of safely\n\ndriving or operating a motor vehicle; or\n\n5. Is under the combined influence of alcohol and any other\n\nintoxicating substance which may render such person incapable of\n\nsafely driving or operating a motor vehicle.\n\nB. The fact that any person charged with a violation of this\n\nsection is or has been lawfully entitled to use alcohol or a\n\ncontrolled dangerous substance or any other intoxicating substance\n\nshall not constitute a defense against any charge of violating this\n\nsection.\n\nC. 1. Any person who is convicted of a violation of the\n\nprovisions of this section shall be guilty of a misdemeanor for the\n\nfirst offense and shall:\n\na. participate in an assessment and evaluation pursuant\n\nto subsection H of this section and shall follow all\n\nrecommendations made in the assessment and evaluation,\n\nb. be punished by imprisonment in jail for not less than\n\nten (10) days nor more than one (1) year, and\n\nc. be fined not more than One Thousand Dollars\n\n($1,000.00).\n\n2. Any person who, having been convicted of or having received\n\ndeferred judgment for a violation of this section or a violation\n\npursuant to the provisions of any law of this state or another state\n\nprohibiting the offenses provided in this section, Section 11-904 of\n\nthis title, or paragraph 4 of subsection A of Section 852.1 of Title\n\n21 of the Oklahoma Statutes, or having a prior conviction in a\n\nmunicipal criminal court of record for the violation of a municipal\n\nordinance prohibiting the offense provided for in this section,\n\ncommits a subsequent violation of this section within ten (10) years\n\nof the date following the completion of the execution of such\n\nsentence or deferred judgment shall, upon conviction, be guilty of a\n\nfelony and shall participate in an assessment and evaluation\n\npursuant to subsection H of this section and shall be sentenced to:\n\na. follow all recommendations made in the assessment and\n\nevaluation for treatment at the defendant’s expense,\n\nb. use of an ignition interlock device, as provided by\n\nsubparagraph n of paragraph 1 of subsection A of\n\nSection 991a of Title 22 of the Oklahoma Statutes,\n\nc. imprisonment in the custody of the Department of\n\nCorrections for not less than one (1) year and not\n\nmore than five (5) years, and\n\nd. a fine not more than Two Thousand Five Hundred Dollars\n\n($2,500.00).\n\nHowever, if the treatment in subsection H of this section does\n\nnot include residential or inpatient treatment for a period of not\n\nless than five (5) days, the person shall serve a term of\n\nimprisonment of at least five (5) days.\n\n3. Any person who commits a violation of this section after\n\nhaving been convicted of a felony offense pursuant to the provisions\n\nof this section or a violation pursuant to the provisions of any law\nbsection H of this section does\n\nnot include residential or inpatient treatment for a period of not\n\nless than five (5) days, the person shall serve a term of\n\nimprisonment of at least five (5) days.\n\n3. Any person who commits a violation of this section after\n\nhaving been convicted of a felony offense pursuant to the provisions\n\nof this section or a violation pursuant to the provisions of any law\n\nof this state or another state prohibiting the offenses provided for\n\nin this section, Section 11-904 of this title, or paragraph 4 of\n\nsubsection A of Section 852.1 of Title 21 of the Oklahoma Statutes\n\nshall be guilty of a felony and participate in an assessment and\n\nevaluation pursuant to subsection H of this section and shall be\n\nsentenced to:\n\na. follow all recommendations made in the assessment and\n\nevaluation for treatment at the defendant’s expense,\n\nb. two hundred forty (240) hours of community service,\n\nc. use of an ignition interlock device, as provided by\n\nsubparagraph n of paragraph 1 of subsection A of\n\nSection 991a of Title 22 of the Oklahoma Statutes,\n\nd. imprisonment in the custody of the Department of\n\nCorrections for not less than one (1) year and not\n\nmore than ten (10) years, and\n\ne. a fine not more than Five Thousand Dollars\n\n($5,000.00).\n\nHowever, if the treatment in subsection H of this section does\n\nnot include residential or inpatient treatment for a period of not\n\nless than ten (10) days, the person shall serve a term of\n\nimprisonment of at least ten (10) days.\n\n4. Any person who commits a violation of this section after\n\nhaving been twice convicted of a felony offense pursuant to the\n\nprovisions of this section or a violation pursuant to the provisions\n\nof any law of this state or another state prohibiting the offenses\n\nprovided for in this section, Section 11-904 of this title, or\n\nparagraph 4 of subsection A of Section 852.1 of Title 21 of the\n\nOklahoma Statutes shall be guilty of a felony and participate in an\n\nassessment and evaluation pursuant to subsection H of this section\n\nand shall be sentenced to:\n\na. follow all recommendations made in the assessment and\n\nevaluation for treatment at the defendant’s expense,\n\nfollowed by not less than one (1) year of supervision\n\nand periodic testing, as provided in subparagraph q of\n\nparagraph 1 of subsection A of Section 991a of Title\n\n22 of the Oklahoma Statutes, at the defendant’s\n\nexpense,\n\nb. four hundred eighty (480) hours of community service,\n\nc. use of an ignition interlock device, as provided by\n\nsubparagraph n of paragraph 1 of subsection A of\n\nSection 991a of Title 22 of the Oklahoma Statutes, for\n\na minimum of ninety (90) days,\n\nd. imprisonment in the custody of the Department of\n\nCorrections for not less than one (1) year and not\n\nmore than twenty (20) years, and\n\ne. a fine not more than Five Thousand Dollars\n\n($5,000.00).\n\nHowever, if the person does not undergo residential or inpatient\n\ntreatment pursuant to subsection H of this section, the person shall\n\nserve a term of imprisonment of at least ten (10) days.\n\n5. Any person who, after a previous conviction of a violation\n\nof murder in the second degree or manslaughter in the first degree\n\nin which the death was caused as a result of driving under the\n\ninfluence of alcohol or other intoxicating substance, is convicted\n\nof a violation of this section shall be guilty of a felony and shall\n\nbe punished by imprisonment in the custody of the Department of\n\nCorrections for not less than five (5) years and not to exceed\n\ntwenty (20) years, and a fine not more than Ten Thousand Dollars\n\n($10,000.00).\n\n6. Provided, however, a conviction from another state shall not\n\nbe used to enhance punishment pursuant to the provisions of this\n\nsubsection if that conviction is based on a blood or breath alcohol\n\nconcentration of less than eight-hundredths (0.08).\n\n7. In any case in which a defendant is charged with driving\nxceed\n\ntwenty (20) years, and a fine not more than Ten Thousand Dollars\n\n($10,000.00).\n\n6. Provided, however, a conviction from another state shall not\n\nbe used to enhance punishment pursuant to the provisions of this\n\nsubsection if that conviction is based on a blood or breath alcohol\n\nconcentration of less than eight-hundredths (0.08).\n\n7. In any case in which a defendant is charged with driving\n\nunder the influence of alcohol or other intoxicating substance\n\noffense within any municipality with a municipal court other than a\n\ncourt of record, the charge shall be presented to the county’s\n\ndistrict attorney and filed with the district court of the county\n\nwithin which the municipality is located.\n\nD. Any person who is convicted of a violation of driving under\n\nthe influence while also committing one of more of the following\n\nacts:\n\n1. Driving, operating, or being in actual physical control of a\n\nmotor vehicle while having a blood or breath alcohol concentration\n\nof fifteen-hundredths (0.15) or more at the time of a test of such\n\nperson’s blood or breath;\n\n2. Causing a motor vehicle incident involving one or more\n\nvehicles that results in a report pursuant to Section 40-102 of this\n\ntitle;\n\n3. Driving in a manner that violates the provisions of Section\n\n11-301, 11-302, 11-306, 11-309, or 11-311 of this title;\n\n4. Driving while eluding peace officers pursuant to Section\n\n540a of Title 21 of the Oklahoma Statutes;\n\n5. Driving with a speed in excess of twenty (20) miles per hour\n\nover the speed limit or ten (10) miles per hour over the speed limit\n\nwithin an active school zone;\n\n6. Operating a motor vehicle with a passenger younger than\n\neighteen (18) years of age; or\n\n7. Reckless driving as defined in Section 11-901 of this title,\n\nshall, upon conviction, be guilty of aggravated driving under the\n\ninfluence, which shall be a felony offense.\n\nE. A person convicted of aggravated driving under the influence\n\nshall participate in an assessment and evaluation pursuant to\n\nsubsection H of this section and shall comply with all\n\nrecommendations for treatment. Such person shall be sentenced as\n\nprovided in paragraph 1, 2, 3, 4, or 5 of subsection C of this\n\nsection and to:\n\n1. Imprisonment as provided in paragraph 1, 2, 3, 4, or 5 of\n\nsubsection C of this section, provided that:\n\na. for a first offense of a violation pursuant to this\n\nsection, the first ten (10) days of the sentence shall\n\nnot be subject to probation, suspension, or deferral\n\nand may be served by night or weekend incarceration\n\npursuant to Section 991a of Title 22 of the Oklahoma\n\nStatutes,\n\nb. for a second offense of a violation pursuant to this\n\nsection, the first thirty (30) days of the sentence\n\nshall not be subject to probation, suspension, or\n\ndeferral; provided further, this mandatory minimum\n\nperiod of confinement shall be served in the county\n\njail as a condition of a suspended or deferred\n\nsentence, pursuant to Section 991a of Title 22 of the\n\nOklahoma Statutes, and\n\nc. the portion of the sentence not subject to probation,\n\nsuspension, or deferral shall increase by thirty (30)\n\ndays for each subsequent conviction after the second\n\noffense;\n\n2. A fine pursuant to paragraph 1, 2, 3, 4, or 5 of subsection\n\nC of this section;\n\n3. Not less than one (1) year of supervision and periodic\n\ntesting, as provided in subparagraph q of paragraph 1 of subsection\n\nA of Section 991a of Title 22 of the Oklahoma Statutes, at the\n\ndefendant’s expense; and\n\n4. An ignition interlock device or devices, as provided by\n\nsubparagraph n of paragraph 1 of subsection A of Section 991a of\n\nTitle 22 of the Oklahoma Statutes, for a minimum of one hundred\n\neighty (180) days.\n\nF. When a person is sentenced to imprisonment in the custody of\n\nthe Department of Corrections, the person shall be processed through\n\nthe Lexington Assessment and Reception Center or at a place\n\ndetermined by the Director of the Department of Corrections. The\nh n of paragraph 1 of subsection A of Section 991a of\n\nTitle 22 of the Oklahoma Statutes, for a minimum of one hundred\n\neighty (180) days.\n\nF. When a person is sentenced to imprisonment in the custody of\n\nthe Department of Corrections, the person shall be processed through\n\nthe Lexington Assessment and Reception Center or at a place\n\ndetermined by the Director of the Department of Corrections. The\n\nDepartment of Corrections shall classify and assign the person to\n\none or more of the following:\n\n1. The Department of Mental Health and Substance Abuse Services\n\npursuant to paragraph 1 of subsection A of Section 612 of Title 57\n\nof the Oklahoma Statutes; or\n\n2. A correctional facility operated by the Department of\n\nCorrections with assignment to substance abuse treatment.\n\nSuccessful completion of a Department-of-Corrections-approved\n\nsubstance abuse treatment program shall satisfy the recommendation\n\nfor a ten-hour or twenty-four-hour alcohol and drug substance abuse\n\ncourse or treatment program or both. Successful completion of an\n\napproved Department of Corrections substance abuse treatment program\n\nmay precede or follow the required assessment.\n\nG. Service Oklahoma is hereby authorized to reinstate any\n\nsuspended or revoked driving privilege when the person meets the\n\nstatutory requirements which affect the existing driving privilege.\n\nH. Any person who is found guilty of a violation of the\n\nprovisions of this section shall be ordered to participate in an\n\nalcohol and drug substance abuse evaluation and assessment program\n\noffered by a certified assessment agency or certified assessor for\n\nthe purpose of evaluating and assessing the receptivity to treatment\n\nand prognosis of the person and shall follow all recommendations\n\nmade in the assessment and evaluation for treatment. The court\n\nshall order the person to reimburse the agency or assessor for the\n\nevaluation and assessment. Payment shall be remitted by the\n\ndefendant or on behalf of the defendant by any third party, provided\n\nno state-appropriated funds are utilized. The fee for an evaluation\n\nand assessment shall be the amount provided in subsection C of\n\nSection 3-460 of Title 43A of the Oklahoma Statutes. The evaluation\n\nand assessment shall be conducted at a certified assessment agency,\n\nthe office of a certified assessor, or at another location as\n\nordered by the court. The agency or assessor shall, within seventy-\n\ntwo (72) hours from the time the person is evaluated and assessed,\n\nsubmit a written report to the court for the purpose of assisting\n\nthe court in its sentencing determination. The court shall, as a\n\ncondition of any sentence imposed, including deferred and suspended\n\nsentences, require the person to participate in and successfully\n\ncomplete all recommendations from the evaluation, such as an alcohol\n\nand substance abuse treatment program pursuant to Section 3-452 of\n\nTitle 43A of the Oklahoma Statutes. If such report indicates that\n\nthe evaluation and assessment shows that the defendant would benefit\n\nfrom a ten-hour or twenty-four-hour alcohol and drug substance abuse\n\ncourse or a treatment program or both, the court shall, as a\n\ncondition of any sentence imposed, including deferred and suspended\n\nsentences, require the person to follow all recommendations\n\nidentified by the evaluation and assessment and ordered by the\n\ncourt. No person, agency, or facility operating an evaluation and\n\nassessment program certified by the Department of Mental Health and\n\nSubstance Abuse Services shall solicit or refer any person evaluated\n\nand assessed pursuant to this section for any treatment program or\n\nsubstance abuse service in which such person, agency, or facility\n\nhas a vested interest; however, this provision shall not be\n\nconstrued to prohibit the court from ordering participation in or\n\nany person from voluntarily utilizing a treatment program or\nany person evaluated\n\nand assessed pursuant to this section for any treatment program or\n\nsubstance abuse service in which such person, agency, or facility\n\nhas a vested interest; however, this provision shall not be\n\nconstrued to prohibit the court from ordering participation in or\n\nany person from voluntarily utilizing a treatment program or\n\nsubstance abuse service offered by such person, agency, or facility.\n\nIf a person is sentenced to imprisonment in the custody of the\n\nDepartment of Corrections and the court has received a written\n\nevaluation report pursuant to the provisions of this subsection, the\n\nreport shall be furnished to the Department of Corrections with the\n\njudgment and sentence. Any evaluation and assessment report\n\nsubmitted to the court pursuant to the provisions of this subsection\n\nshall be handled in a manner which will keep such report\n\nconfidential from the general public’s review. Nothing contained in\n\nthis subsection shall be construed to prohibit the court from\n\nordering judgment and sentence in the event the defendant fails or\n\nrefuses to comply with an order of the court to obtain the\n\nevaluation and assessment required by this subsection. If the\n\ndefendant fails or refuses to comply with an order of the court to\n\nobtain the evaluation and assessment, Service Oklahoma shall not\n\nreinstate driving privileges until the defendant has complied in\n\nfull with such order. Nothing contained in this subsection shall be\n\nconstrued to prohibit the court from ordering judgment and sentence\n\nand any other sanction authorized by law for failure or refusal to\n\ncomply with an order of the court.\n\nI. Any person who is found guilty of a violation of the\n\nprovisions of this section shall be required by the court to attend\n\na victims impact panel program, as defined in subsection H of\n\nSection 991a of Title 22 of the Oklahoma Statutes, if such a program\n\nis offered in the county where the judgment is rendered, and to pay\n\na fee of Seventy-five Dollars ($75.00), as set by the governing\n\nauthority of the program and approved by the court, to the program\n\nto offset the cost of participation by the defendant, if in the\n\nopinion of the court the defendant has the ability to pay such fee.\n\nJ. Any person who is found guilty of a felony violation of the\n\nprovisions of this section shall be required to submit to electronic\n\nmonitoring as authorized and defined by Section 991a of Title 22 of\n\nthe Oklahoma Statutes.\n\nK. Any person who is found guilty of a violation of the\n\nprovisions of this section who has been sentenced by the court to\n\nperform any type of community service shall not be permitted to pay\n\na fine in lieu of performing the community service.\n\nL. When a person is found guilty of a violation of the\n\nprovisions of this section, the court shall order, in addition to\n\nany other penalty, the defendant to pay an assessment of One Hundred\n\nDollars ($100.00) to be deposited in the Drug Abuse Education and\n\nTreatment Revolving Fund created in Section 2-503.2 of Title 63 of\n\nthe Oklahoma Statutes, upon collection.\n\nM. 1. When a person is eighteen (18) years of age or older,\n\nand is the driver, operator, or person in physical control of a\n\nvehicle, and is convicted of violating any provision of this section\n\nwhile transporting or having in the motor vehicle any child less\n\nthan eighteen (18) years of age, the fine shall be enhanced to\n\ndouble the amount of the fine imposed for the underlying driving\n\nunder the influence (DUI) violation which shall be in addition to\n\nany other penalties allowed by this section.\n\n2. Nothing in this subsection shall prohibit the prosecution of\n\na person pursuant to Section 852.1 of Title 21 of the Oklahoma\n\nStatutes who is in violation of any provision of this section or\n\nSection 11-904 of this title.\n\nN. Any plea of guilty, nolo contendere, or finding of guilt for\nder the influence (DUI) violation which shall be in addition to\n\nany other penalties allowed by this section.\n\n2. Nothing in this subsection shall prohibit the prosecution of\n\na person pursuant to Section 852.1 of Title 21 of the Oklahoma\n\nStatutes who is in violation of any provision of this section or\n\nSection 11-904 of this title.\n\nN. Any plea of guilty, nolo contendere, or finding of guilt for\n\na violation of this section or a violation pursuant to the\n\nprovisions of any law of this state or another state prohibiting the\n\noffenses provided for in this section, Section 11-904 of this title,\n\nor paragraph 4 of subsection A of Section 852.1 of Title 21 of the\n\nOklahoma Statutes shall constitute a conviction of the offense for\n\nthe purpose of this section; provided, any deferred judgment shall\n\nonly be considered to constitute a conviction for a period of ten\n\n(10) years following the completion of any court-imposed\n\nprobationary term.\n\nO. If qualified by knowledge, skill, experience, training, or\n\neducation, a witness shall be allowed to testify in the form of an\n\nopinion or otherwise solely on the issue of impairment, but not on\n\nthe issue of specific alcohol concentration level, relating to the\n\nfollowing:\n\n1. The results of any standardized field sobriety test\n\nincluding, but not limited to, the horizontal gaze nystagmus (HGN)\n\ntest administered by a person who has completed training in\n\nstandardized field sobriety testing; or\n\n2. Whether a person was under the influence of one or more\n\nimpairing substances and the category of such impairing substance or\n\nsubstances. A witness who has received training and holds a current\n\ncertification as a drug recognition expert shall be qualified to\n\ngive the testimony in any case in which such testimony may be\n\nrelevant.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"26877aece279e353d99f2d5bdaba66a88dd92f4bc9960a4c55668d8e492a4202","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-11-902v2","next":"us-ok/okla.-stat.-tit.-47-47-11-902v4"},"notice":"GroundRules: Original legal text. Not legal advice."}