Criminal Penalties and Outcomes

Criminal penalties issued by the Court system for a DUI or any alcohol or drug-related driving arrest in Oklahoma can result in a variety of outcomes including: fines, imprisonment, probation, education and treatment, and/or public service. It’s important to keep in mind that the outcome of a criminal filing rarely has any bearing on the Implied Consent hearing at the Department of Public Safety (DPS). Each proceeding is independent of one another.

Learn more about the Impaired Driving Court process for a a DUI or any alcohol or drug-related driving arrest by clicking the links below.

Criminal Penalties and Fines

Criminal Penalties and Fines

The Court system, upon conviction, issues criminal penalties for a DUI or any alcohol or drug-related driving arrest. Criminal penalties include, but are not limited to, imprisonment, fines, and required public service. The following penalties vary and will be determined by the court.

Driving While Impaired (DWI)

Any person who is convicted of operating a motor vehicle while their ability to operate such motor vehicle is impaired:

  • Shall be guilty of a misdemeanor, and
  • Participate in an alcohol and drug assessment and evaluation and follow all recommendations made in the assessment and evaluation, and
  • Be placed in the county jail for up to 6 months, and/or
  • Pay a fine of $100.00 – $500.00.
Driving Under the Influence (DUI)

Any person who is convicted of operating or being in actual physical control of a motor vehicle who is under the influence of alcohol or other intoxicating substance or combination thereof:

  • Shall be guilty of a misdemeanor for the first offense, and
  • Participate in an alcohol and drug assessment and evaluation and follow all recommendations made in the assessment and evaluation,
  • Be placed in jail for 10 days to 1 year, and
  • Pay a fine up to $1,000.00, and
  • May be required by the court to attend a victims impact panel program.

The fine imposed shall be doubled for any person who was18 years or older and was transporting or had in the motor vehicle any child less than 18 old.

Any person who is convicted, within 10 years of a prior offense, for operating or being in actual physical control of a motor vehicle who is under the influence of alcohol or other intoxicating substance or combination thereof shall be guilty of a felony and participate in an alcohol and drug assessment and evaluation, and shall:

  • Follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense, or
  • Be placed in the custody of the Department of Corrections for 1 – 5 years, and
  • Pay a fine up to $2,500.00, or
  • Treatment, imprisonment and a fine within the limitations prescribed above, and
  • Submit to electronic monitoring, and
  • May be required by the court to attend a victims impact panel program.

However, if the treatment recommended does not include residential or inpatient treatment for a period of not less than 5 days, the person shall serve a term of imprisonment of at least 5 days.

The fine imposed shall be doubled for any person who was18 years or older and was transporting or had in the motor vehicle any child less than 18 old.

Any person who is convicted of a second felony offense for operating or being in actual physical control of a motor vehicle who is under the influence of alcohol or other intoxicating substance or combination thereof shall participate in an alcohol and drug assessment and evaluation and shall:

  • Follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense,
  • Complete 240 hours of community service (a fine shall not be paid in lieu of performing the community service), and
  • Use of an ignition interlock device, at the defendant’s expense, upon every motor vehicle operated by the defendant for up to 2 years as determined by the court, or
  • Placement in the custody of the Department of Corrections for 1 – 10 years, and
  • Pay a fine up to $5,000.00, or
  • Treatment, imprisonment and a fine within the limitations prescribed above, and
  • Submit to electronic monitoring, and
  • May be required by the court to attend a victims impact panel program.

However, if the treatment recommended does not include residential or inpatient treatment for a period of not less than 10 days, the person shall serve a term of imprisonment of at least 10 days.

The fine imposed shall be doubled for any person who was18 years or older and was transporting or had in the motor vehicle any child less than 18 old.

Any person who is convicted of a third and subsequent felony offense for operating or being in actual physical control of a motor vehicle who is under the influence of alcohol or other intoxicating substance or combination thereof shall participate in an alcohol and drug assessment and evaluation and shall:

  • Follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense,
  • Not less than 1 year of supervision and periodic testing at the defendant’s expense,
  • Complete 480 hours of community service (a fine shall not be paid in lieu of performing the community service), and
  • Use of an ignition interlock device, at the defendant’s expense, upon every motor vehicle operated by the defendant for 30 days to 2 years, as determined by the court, or
  • Placement in the custody of the Department of Corrections for 1- 20 years, and
  • Pay a fine of not more than $5,000.00, or
  • Treatment, imprisonment and a fine within the limitations prescribed above, and
  • Submit to electronic monitoring, and
  • May be required by the court to attend a victims impact panel program.

However, if the person does not undergo residential or inpatient treatment the person shall serve a term of imprisonment of at least 10 days.

The fine imposed shall be doubled for any person who was18 years or older and was transporting or had in the motor vehicle any child less than 18 old.

Aggravated Driving Under the Influence

Any person who is convicted of operating or being in actual physical control of a motor vehicle with a blood or breath alcohol concentration of .15% or more shall be guilty of aggravated driving under the influence and shall participate in an alcohol and drug assessment and evaluation and shall comply with all recommendations for treatment and:

  • Not less than 1 year of supervision and periodic testing at the defendant’s expense; and
  • Use of an ignition interlock device, at the defendant’s expense, upon every motor vehicle operated by the defendant for 90 days to 2 years, as determined by the court.

The penalties for this offense are in addition to the criminal penalties for the controlling Driving Under the Influence (DUI) offense.

Child Endangerment by Permitting Child Abuse

Any person who is convicted of knowingly permitting a child to be present in a vehicle when the person knows or should have known that the operator of the vehicle is impaired by or is under the influence of alcohol or another intoxicating substance,

– or-

Is convicted of operating or being in actual physical control of a motor vehicle who is under the influence of alcohol or other intoxicating substance or combination thereof while transporting or having in the vehicle such child or children shall be guilty of a felony and shall:

  • Be punished by imprisonment in the custody of the Department of Corrections for up to 4 years, and/or
  • A fine up to $5,000.00.

In addition to the fines listed above, you may also have to pay penalty surcharges of up to $500 to help pay for programs to address persistent drunk drivers, and another $200 for alcohol treatment evaluation, as well as surcharges to benefit crime victims.

Estimated costs for a 1st DUI
Attorney Fees $5,000
Fine $1,000
Probation Fees Up to $960
Ignition Interlock $900
Court Costs $800
Victim Compensation Assessment $500
Driver’s License Reinstatement $300
Substance Abuse Evaluation $175
DUI School $175
Victim Impact Panel $60
Insurance Premium Avg. 30% Increase
Shame and Inconvenience Incalculable
TOTAL COST
NOT WORTH IT!

Once it’s time to reinstate your driver’s license after suspension or revocation, other fees and charges may apply.

What if I’m under 21?

What if I’m under 21?

Driving under the influence is a serious offense when you are under the age of 21. In Oklahoma, criminal penalties issued by the Court system for an under 21 DUI or any alcohol or drug-related driving arrest can result in a variety of outcomes, including but not limited to: fines, community service, education and treatment, and/or public service. It’s important to keep in mind that the outcome of a criminal filing rarely has any bearing on the Implied Consent hearing at the Department of Public Safety (DPS). Each proceeding is independent of one another.

Driving Under the Influence (DUI) Under 21

Any person under 21 years age who is convicted of a first offense for operating or being in actual physical control of a motor vehicle while under the influence while under age shall:

  • Pay a fine of $100.00 to $500.00,
  • Complete 20 hours of community service,
  • Attend and complete a treatment program, or
  • Any combination of fine, community service, or treatment.

The court may assess additional community service hours in lieu of a fine.

Any person under 21 years age who is convicted of a second offense for operating or being in actual physical control of a motor vehicle while under the influence while under age shall:

  • Complete not less than 240 hours of community service, and
  • Install an ignition interlock device, at the defendant’s expense, upon every motor vehicle operated by the defendant for at least 30 days, as determined by the court.
  • May pay a fine of $100.00 to $1,000.00, and/or
  • Attend and complete a treatment program, as recommended by alcohol and drug assessment and evaluation.

The court may assess additional community service hours in lieu of a fine.

Any person under 21 years age who is convicted of a third or subsequent offense for operating or being in actual physical control of a motor vehicle while under the influence while under age shall:

  • Complete 480 hours of community service, and
  • Install an ignition interlock device, at the defendant’s expense, upon every motor vehicle operated by the defendant for at least 30 days, as determined by the court.
  • May pay a fine of $100.00 to $2,000.00, and/or
  • Attend and complete a treatment program, as recommended by alcohol and drug assessment and evaluation.

The court may assess additional community service hours in lieu of a fine.

Other laws that apply

There are other laws that apply to underage drinkers. It’s better to be educated about the laws than ignore them since they’re meant to keep people safe.

  • Zero Tolerance
    The Zero Tolerance law applies to people under the legal drinking age. The law penalizes people under 21 for operating a vehicle with a BAC (Blood Alcohol Content) at or above .02, essentially zero tolerance.
  • Minor in Possession
    A MIP is an offense for anyone under the age of 21 to have any intoxicating beverage in their possession. Fines and consequences for MIP offenses are the following:

First offense: Fine up to $250, up to 24 hours community service, and the court may order an alcohol evaluation, education, and / or treatment.

Second offense: Fine up to $500, up to 24 hours community service, mandatory alcohol evaluation, education and / or treatment.

Third Offense or More: 3-12 months imprisonment and/or $250-$1000 fine (both determined by court), mandatory alcohol evaluation, education and / or treatment.

  • Social Host Law
    Oklahoma’s Social Host law puts a shared responsibility for underage drinking on the person providing the location for the gathering. Adults or minors can be cited and fined under the Social Host law.
Resources

http://socialhostliability.org/NHTSA/Oklahoma.pdf

Drug Court

Drug Court

The mission of drug courts is to stop the abuse of alcohol and other drugs and related criminal activity. The criminal justice system has the unique ability to influence a person shortly after a significant triggering event such as arrest, and thus persuade or compel that person to enter and remain in treatment. Research indicates that a person coerced to enter treatment by the criminal justice system is likely to do as well as one who volunteers.

Oklahoma’s drug court programs provide a highly-structured alternative to incarceration for eligible offenders in the criminal justice system. With oversight from the Oklahoma Department of Mental Health and Substance Abuse Services, multidisciplinary teams comprised of district judges, district attorneys, defense attorneys, treatment providers, law enforcement officers, and program coordinators work together increasing participant accountability through intensive substance abuse treatment and judicial supervision.

While program participants are generally charged with a substance abuse related crime, a holistic and individualized approach to treatment is utilized to focus on recovery and improvement in all areas of life. Graduates, when compared to program admission, have a 92.2% reduction in unemployment rates, a 100.6% increase in monthly income, 40.01% decrease in individuals without a high school diploma, and a 59.2% increase in children living at home. As of January 2014, there were 3,901 program participants in the 60 drug court programs covering 73 of the 77 counties in the state.

Drug Court Data

Find a Drug Court

For more information please contact the ODMHSAS Specialty Court Team

Sources

Education and Therapy

Education and Therapy

In addition to the offense outcome, penalties, and fines, an alcohol and drug substance abuse evaluation and assessment will be required to evaluate and assess the person’s receptivity to treatment and risk to reoffend (recidivate). Education and therapy programs may be required by both the court (as a condition of a sentence imposed) and the Department of Public Safety (as a condition for reinstatement of your driving privileges).

The evaluation and assessment (ADSAC) will be conducted by assessors certified by the Oklahoma Department of Mental Health and Substance Abuse Services.  You can visit the DUI – Alcohol and Drug Substance Abuse Course (ADSAC) information page for more information about the assessment and to obtain assessor contact information. The agency or assessor will submit a written report to the court, within 72 hours from the time you are evaluated and assessed, for the purpose of assisting the court in its sentencing determination. The court will, as a condition of any sentence imposed, including deferred and suspended sentences, require you to participate in and successfully complete all recommendations from the evaluation.

Intervention Categories

Oklahoma has five intervention categories that incorporate two levels of education and three levels of therapy. They differ in length, intensity and for whom they are intended.

Category 1

1st DUI Offense; Low risk to recidivate; 10 Hours ADSAC & Victim’s Impact Panel (VIP)

Category 2

Previous DUI Offense(s); Low risk to recidivate; 24 Hours ADSAC and VIP

Category 3

Medium risk to recidivate; 24 Hours ADSAC, VIP and 6 weeks of Substance Use Disorder Group

Category 4

Problem risk to recidivate; Intensive Outpatient Treatment: continuing care and 12 mutual support meetings (if and as recommended by the primary service provider)

Category 5

Severe Problem Risk to recidivate; Residential Treatment: continuing care and 12 mutual support meetings (if and as recommended by the primary service provider)

Offense Outcomes and Post Conviction Scenarios

Offense Outcomes and Post Conviction Scenarios

Oklahoma has two offense categories for individuals age 21 and over involving a DUI or any alcohol or drug-related driving arrest:

Misdemeanors

This category applies to the majority of cases involving a DUI or any alcohol or drug-related driving arrest.

Felonies

This category is reserved for individuals with multiple offenses and/or cases in which serious bodily injury or death has resulted from an alcohol or drug-related automobile crash.

Outcomes

There are four possible outcomes to any of the charges listed above:

  • Conviction,
  • A deferred judgment or sentence,
  • A No Contest plea, or
  • A finding of not guilty.

Penalties and outcomes vary and are determined by the court. In some cases, a portion of the mandatory jail sentence can be suspended, if the person agrees to participate in an alcohol or drug treatment program.

Post conviction scenarios for getting a DWI or a DUI will change your life in a number of ways. You’ll have to be prepared to adjust things like your transportation and auto insurance, as well as be prepared for any social ramifications that may follow.

Transportation

Upon arrest for an impaired driving offense, your license to drive may be revoked and you will need to arrange for alternative transportation such as a friend or relative, bus or taxi. Daily transportation challenges may be difficult to resolve. It is your responsibility to consider these options until you reinstate your driving privileges.

Auto Insurance

Most people forget that their auto insurance will increase as a result of a DUI or DWI. It is estimated that it will increase up to approximately 30% as a result of your impaired driving offense.

* Cost estimate is for a driver age 21-24

Social Ramifications

Getting a DUI goes beyond your wallet and also has social ramifications. A DUI can lead to the loss of freedom, embarrassment, potential job loss and broken relationships. All are examples of the price people have paid due to driving under the influence of alcohol or drugs.