A DUI arrest in Oklahoma City is often charged as a misdemeanor, but a law change in 2025 means many cases are now filed as felonies. If you are reading this the morning after an arrest, you may be scared, embarrassed, and unsure what happens next. Those feelings are normal, and one bad night does not have to define your future. An Oklahoma City DUI lawyer at Glass, Wood & Wang Criminal Defense Lawyers can explain your charge, help you meet your license deadline, and help you understand your options before you decide. Call (405) 849-5145 today for a free case evaluation.
How Glass, Wood & Wang Criminal Defense Lawyers Can Help With a DUI Charge in Oklahoma City
Our firm has represented people facing criminal charges since 1979. A DUI can affect your job, your family, your finances, and your ability to get to work, so we take a holistic approach and consider your whole life, not just the police report.
You will not be left waiting for answers. Our attorneys are accessible, and our team speaks Mandarin, so you and your family can discuss the case in the language you are most comfortable with.
When you hire us, our work typically includes:
- Reviewing the reason for the traffic stop and the officer’s report
- Requesting dashcam and bodycam video, breath-test records, and blood-test results
- Tracking the short deadline to challenge your license revocation
- Checking whether the state can actually prove an aggravating factor
- Explaining every plea offer, program, and trial option in plain language
Your Future Deserves a Strong Defense
Speak with an experienced criminal defense attorney today
Overview of DUI Laws in Oklahoma
Oklahoma’s main DUI law is Title 47, Section 11-902 of the Oklahoma Statutes. It applies on public roads and on certain private roads that serve homes.
What Counts as DUI Under 47 O.S. § 11-902
You can be charged with DUI if you drive, operate, or are in actual physical control of a vehicle while any of the following is true:
- Your blood or breath alcohol concentration (BAC) is 0.08 or more at the time of testing
- You are under the influence of alcohol
- You have any amount of a Schedule I controlled substance in your system
- You are under the influence of another intoxicating substance
- You are under the combined influence of alcohol and another substance
Actual Physical Control
Many people are surprised to learn you don’t have to be driving to face a DUI charge. Sitting in a parked car with the keys can lead to an actual physical control charge. These cases often turn on small details, such as where the keys were and whether the engine was running.
DUI vs. Driving While Impaired
Oklahoma also has a lesser offense called driving while impaired. Under Title 47, Section 761, a conviction can bring a fine of $100 to $500, up to six months in jail, or both. A first conviction also triggers a 30-day license suspension. In some cases, a reduction from DUI to impaired driving may be worth discussing.
What Are the Penalties for DUI in Oklahoma City, Oklahoma?
DUI penalties in Oklahoma grow quickly with each prior offense. The state also requires an alcohol and drug assessment, and you must follow its treatment recommendations.
First Offense
A first DUI is a misdemeanor. It carries jail time of 10 days to one year and a fine of up to $1,000. The court can also order treatment, probation, and other conditions.
Second and Third Offenses
Prior offenses change the picture fast:
- Second offense: A new DUI within 10 years of completing a prior sentence is a felony. It carries one to five years in custody and a fine of up to $2,500.
- Third offense: A DUI after a prior felony DUI conviction carries one to 10 years and a fine of up to $5,000. It also requires 240 hours of community service.
A deferred judgment can still count as a prior conviction for 10 years. That detail surprises many people who believed their earlier case was behind them.
Aggravated DUI After the November 2025 Law Change
Effective November 1, 2025, the Legislature expanded aggravated DUI under Section 11-902 and made it a felony. A DUI becomes aggravated if you also do one or more of the following:
- Have a BAC of 0.15 or more
- Cause a crash that results in a collision report
- Commit certain lane or passing violations, such as driving on the wrong side of the road
- Elude a police officer
- Drive 20 mph or more over the limit, or 10 mph or more over in an active school zone
- Have a passenger younger than 18 in the vehicle
- Drive recklessly
For a first aggravated DUI, the first 10 days of the sentence cannot be probated, suspended, or deferred. A second aggravated offense raises that to 30 days. The law also requires at least one year of supervision and an ignition interlock for at least 180 days.
This change has reshaped local courtrooms. The Oklahoma County District Attorney’s Office reported 112 aggravated DUI charges in June 2026, compared with three in June 2025.
What Happens to Your Driver’s License After a DUI Arrest?
Your license is handled in a separate civil process that runs alongside the criminal case. Many people lose driving privileges simply because they missed a deadline they never knew existed.
Implied Consent and Test Refusal
Under Oklahoma’s implied consent law, 47 O.S. § 751, anyone who drives on Oklahoma roads is considered to have agreed to breath or blood testing after a DUI arrest. The arresting agency chooses which test to use.
Refusing a test, or testing at 0.08 or higher, can lead to revocation under 47 O.S. § 754. For drivers under 21, a BAC of 0.02 or higher can trigger the same result.
License Revocation and Your 30-Day Appeal Window
Service Oklahoma now handles DUI revocations. According to the Oklahoma Bar Journal, revocation periods are generally:
- 180 days for a first offense
- One year for a second offense
- Two years for a third offense within 10 years
After you receive notice, 47 O.S. § 6-211 gives you 30 days to file an appeal in district court. If you miss that window, you lose the right to challenge the revocation.
The Impaired Driver Accountability Program
The Impaired Driver Accountability Program (IDAP) lets many drivers keep driving by installing an ignition interlock device. The program is overseen by the Board of Tests for Alcohol and Drug Influence under 47 O.S. § 6-212.5. Program length depends on your history:
- 180 active interlock days for a first offense
- 365 active interlock days for a second offense
- 730 active interlock days for a third or later offense
We can help you weigh whether to appeal, enroll in IDAP, or both.
Other Consequences of a DUI Conviction in Oklahoma
The court sentence is only part of what a DUI can cost you. A conviction can also bring:
- A required alcohol and drug assessment, with any recommended treatment
- A victim impact panel, with a $75 fee if the court finds you can pay
- Ignition interlock requirements in many cases
- A delay in getting your license back until you complete court-ordered assessment steps
- A prior conviction that can raise penalties for 10 years
- A criminal record that may appear on job, housing, and professional license checks
- Higher auto insurance costs
Impaired driving remains a serious public safety concern in the state. The Oklahoma Highway Safety Office reports that alcohol-related crashes kill about 220 Oklahomans and injure nearly 2,500 each year. That concern is one reason prosecutors pursue these cases hard, and it is why your defense deserves careful attention.
How Can I Defend Myself Against a DUI Charge?
Every DUI case is different, and an arrest is not a conviction. The state must prove each element of the charge. Depending on the facts, possible defenses may include:
- The stop was unlawful: Officers need a valid legal reason to pull you over. If they didn’t, you may be able to challenge evidence obtained during the stop.
- No probable cause to arrest: Field sobriety tests can be affected by weather, footwear, nerves, and medical conditions.
- The breath test was unreliable: Breath-testing devices and operators must meet state standards. Gaps in maintenance or procedure can weaken the result.
- The blood sample was mishandled: Blood evidence depends on proper collection, storage, and chain of custody.
- You were not in actual physical control: The facts may show you were resting, not preparing to drive.
- The aggravating factor may be unproven: Challenging a speed estimate, crash report, or BAC reading may keep the case from being treated as aggravated.
We review the evidence early and explain which strategies make sense for your situation.
Frequently Asked Questions About Oklahoma City DUI Charges
A first DUI is usually a misdemeanor; however, aggravated DUI became a felony under the November 2025 changes, and a second DUI within 10 years is also a felony.
A first DUI carries 10 days to one year in jail. Whether you actually serve time depends on the facts, your record, and the court’s sentencing options. For an aggravated first offense, the first 10 days cannot be suspended.
Refusal can lead to license revocation through Service Oklahoma. You generally have 30 days after notice to appeal in district court, so act quickly.
Often, yes. Many drivers keep their privileges by enrolling in IDAP and installing an ignition interlock device.
Yes. Oklahoma law says that being legally entitled to use a drug is not a defense to driving under its influence. The question becomes whether the substance actually impaired you.
Yes. Our team speaks Mandarin, so you and your family can discuss the charges, court dates, and license deadlines in your preferred language.
Schedule a Case Evaluation With Our Oklahoma City DUI Lawyer
A DUI arrest can feel like your life has been put on hold. You don’t have to handle your court case and license deadline alone. An Oklahoma City DUI lawyer at Glass, Wood & Wang Criminal Defense Lawyers can review the evidence, explain your options, and help you plan your next steps. Call (405) 849-5145 today for a free case evaluation.