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Oklahoma

Felony DUI

Second offense

DUID Zero Tolerance and Per Se Laws

Zero tolerance for some drugs

Cannabis Drug-Impaired Driving Laws

Zero tolerance for THC and metabolites

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.15

DUI Look-back Periods

Ten years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

No Habitual Offender Law

Drug Evaluation and Classification Program

151-250 DREs

DUI Courts - Standalone

1-5 DUI Courts

DUI Courts - Hybrid

51+ Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Medical Cannabis

DUID: Implied Consent Testing Methods

Blood, urine, and saliva

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

Enacted Drunk Driving Legislation

Lower BAC legislation

No legislation introduced

Low BAC

Low BAC may be considered with other evidence

CARS Implementation

active

2017 New Impaired Driving and Underage Drinking Laws

Alcohol-impaired Driving Legislation

Ignition Interlocks

Incentivized first offender and mandatory high-BAC/repeat

Electronic Warrants (E-warrants) Authorization

Legislation

Top Detected Drug Category by State (2019)

Stimulants

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Judicial license suspension/revocation

False Identification - Point-of-Sale Policies

Distinctive License & No Seizure Law

No Refusal Programs

Has legal authority to implement No Refusal program

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

47-751 Learn More
Any person who operates a motor vehicle upon the public roads, highways, streets, turnpikes or other public place or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings within this state shall be deemed to have given consent to a test or tests of such person's blood, saliva or urine for determining the presence or concentration of any intoxicating substance if arrested for any offense arising out of acts alleged to have been committed while the person was operating or in actual physical control of a motor vehicle while under the influence of alcohol or other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance.

Blood

Yes

Urine

Yes

Oral Fluids

Yes

Other

No Data Available

DUI Statutes

Drugs

47-11-902 Learn More
A. It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who:
1. Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more at the time of a test of such person's blood or breath administered within two (2) hours after the arrest of such person;
2. Is under the influence of alcohol;
3. Has any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person's blood, saliva, urine or any other bodily fluid at the time of a test of such person's blood, saliva, urine or any other bodily fluid administered within two (2) hours after the arrest of such person;
4. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or
5. Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle.

Combined/Multiple Substance

47-11-902 Learn More
A. It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who:
1. Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more at the time of a test of such person's blood or breath administered within two (2) hours after the arrest of such person;
2. Is under the influence of alcohol;
3. Has any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person's blood, saliva, urine or any other bodily fluid at the time of a test of such person's blood, saliva, urine or any other bodily fluid administered within two (2) hours after the arrest of such person;
4. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or
5. Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

47-753
The Commissioner of Public Safety, upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the public roads, highways, streets, turnpikes or other public place of this state while under the influence of alcohol, any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance and that the person had refused to submit to the test or tests, shall revoke the license to drive and any nonresident operating privilege for a period as provided by Section 6-205.1 of this title. If the person is a resident or a nonresident without a license or permit to operate a motor vehicle in this state, the Commissioner of Public Safety shall deny to the person the issuance of a license or permit for a period as provided by Section 6-205.1 of this title subject to a review as provided in Section 754 of this title.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

Yes

Length/Time of Restriction

47-11-906.4 Learn More
Upon the receipt of a record of conviction for this offense, DPS shall suspend the driving privilege of the person as follows:If the revocation is a driver's first revocation, the period of revocation is one hundred eighty (180) days. If the revocation is a driver's second revocation within the preceding ten (10) years, the period of revocation is one (1) year or longer. If the revocation is a driver's third or more within the preceding ten (10) years, then the period of revocation is three (3) years or longer.

Hardship License Available

Driver to prove extreme or unusual financial hardship will result by not being able to drive. If that is the case, the court can modify license suspension and order a hardship license.

Random Drug Testing or Ignition Interlock Requirements

Cannabis

47-6-212.3 Learn More
Upon becoming eligible for reinstatement following the expiration of the mandatory period of revocation for a DUI conviction, or for refusing the state's test or tests, or failing a state's test or tests, State law may require the person to show proof of installation of an ignition interlock device as a condition of reinstatement.
The ignition interlock device shall be installed at the expense of the person after the mandatory period of revocation has ended for the following periods, as applicable:
For a first revocation and if the person refused to submit to a test or tests, or had a blood or breath alcohol concentration of fifteen hundredths (0.15) or more, for a period of one and one-half (1 ½) years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer;
For a second revocation, for a period of four (4) years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer; or
For a third or subsequent revocation, for a period of five (5) years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer.

Other Drugs

No Data Available

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

Yes
In Oklahoma, it is a crime to operate a motor vehicle if one has any detectable amount of THC and/or its inactive metabolites in his/her blood, saliva, or urine.

Cannabis Per Se Statute

In Oklahoma, it is a crime to operate a motor vehicle if one has any detectable amount of THC and/or its inactive metabolites in his/her blood, saliva, or urine.

Threshold

0

Nanogram Limit

0

DUI Standards

No Data Available

Provisions for Screening Cannabis/Assessment/Education/Treatment

47-11-902(G) Learn More
Any person who is found guilty of a violation of the provisions of this section shall be ordered to participate in an alcohol and drug substance abuse evaluation and assessment program offered by a certified assessment agency or certified assessor for the purpose of evaluating and assessing the receptivity to treatment and prognosis of the person and shall follow all recommendations made in the assessment and evaluation for treatment.

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

47-11-902
A. It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who:
1. Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more at the time of a test of such person's blood or breath administered within two (2) hours after the arrest of such person;
2. Is under the influence of alcohol;
3. Has any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person's blood, saliva, urine or any other bodily fluid at the time of a test of such person's blood, saliva, urine or any other bodily fluid administered within two (2) hours after the arrest of such person;
4. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or
5. Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

47-11-902 Learn More
A. It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who:
1. Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more at the time of a test of such person's blood or breath administered within two (2) hours after the arrest of such person;
2. Is under the influence of alcohol;
3. Has any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person's blood, saliva, urine or any other bodily fluid at the time of a test of such person's blood, saliva, urine or any other bodily fluid administered within two (2) hours after the arrest of such person;
4. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or
5. Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle.

Penalties for Multiple Substance/Multiple Substance Impaired Driving

First offense misdemeanor – Required to participate in a drug/alcohol assessment. Imprisonment for not less than ten days nor more than one year and fine of not more than $1,000.00.
Second offense within ten years is a felony – Offender will be placed in the custody of the Department of Corrections for not less than one year and not more than five years. Fine of not more than $2,500.
For a second felony DUI conviction the treatment will be at offender's expense. 240 hours of community service and use of an ignition interlock device OR the offender will be placed in the custody of the Department of Corrections for not less than one year and not to exceed ten years. Fine of not more than $5,000.00.
Third or subsequent felony DUI conviction – Not less than one year of supervision and periodic testing at the defendant's expense and 480 hours of community service. Use of an ignition interlock device for a minimum of thirty days OR offender will be placed in the custody of the Department of Corrections for not less than one year and not to exceed twenty years with a fine of not more than $5,000.00.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

47-11-902(M)(1) Learn More
When a person is eighteen years of age or older and commits DUI with a child less than eighteen years of age in the vehicle, the fine shall be enhanced to double the amount of the fine imposed for the underlying driving under the influence violation which shall be in addition to any other penalties allowed by this section. Id. § 11-902(M)(1).

Statutes with THC Listed as Delta 8, 9, 10, or 11

63 OK Stat § 63-2-101 Learn More
Tetrahydrocannabinols are referenced here.

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

None
Medical cannabis laws only.

Underage Cannabis Laws and Penalties

Underage Possession

Illegal

Underage Consumption

Illegal

Underage Purchase

Illegal

Underage Attempt to Purchase

Illegal

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

A medical marijuana minor patient license allows an individual under the age of 18 to legally possess, use, and grow medical marijuana and medical marijuana products in Oklahoma. A minor patient license holder is not authorized to smoke or vaporize any medical marijuana or medical marijuana products, unless both recommending physicians agree it is medically necessary. Minors are not prohibited from using nebulizers or other aerosolized medical devices. These licenses will be in the form of an identification card. The card will contain the minor patient's name, photo, date of birth, city and county of residence, the type of license, date of expiration, and the minor patient's unique medical marijuana license number.
The online application system will ask for parent/legal guardian information along with the minor's information. Note that licensed minor patients cannot enter a dispensary without a parent or legal guardian.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

The following unexpired, valid documentation is required for the minor patient:
Proof of identity (digital, color copy of one of the following):
Oklahoma driver's license (front and back)
Oklahoma identification card (front and back)
U.S. passport or other photo identification issued by the U.S government
For minors who do not have the items above, a certified copy of the minor's birth certificate (please note that the seal/watermark will need to be visible when uploading the document)
Tribal identification card approved for identification purposes by the Oklahoma Department of Public Safety:
United States Bureau of Indian Affairs identification card or a Oklahoma tribal photo identification cards: Muscogee (Creek) Nation of Oklahoma, Kiowa, Comanche, Apache of Oklahoma, Absentee Shawnee, Cheyenne-Arapaho, Choctaw, Delaware, Caddo Nation of Oklahoma issued on or after Jan. 9 2008.
A clear, color, full-face digital photograph
First Physician Recommendation Form
Second Physician Recommendation Form dated within 30 days after the First Physician Recommendation Form and dated within 30 days before the application submission date
If applicable, the minor's Medicaid (SoonerCare) or Medicare insurance card or enrollment documentation
And, the following documentation is required for the parent or legal guardian:
Proof of Oklahoma residency (digital, color copy of one of the following):
Oklahoma driver's license (front and back)
Oklahoma identification card (front and back)
Oklahoma voter identification card
A utility bill for the calendar month preceding the date of application, excluding cellular telephone and internet bills.
A residential property deed to property in the State of Oklahoma.
A current rental agreement for residential property located in the State of Oklahoma
Proof of identity (digital, color copy of one of the following):
Oklahoma driver's license (front and back)
Oklahoma identification card (front and back)
U.S. passport or other photo identification issued by the U.S government
For applicants who do not have the items above, a certified copy of the applicant's birth certificate (please note that the seal/watermark will need to be visible when uploading the document)
Tribal identification card approved for identification purposes by the Oklahoma Department of Public Safety:
United States Bureau of Indian Affairs identification card or a Oklahoma tribal photo identification cards: Muscogee (Creek) Nation of Oklahoma, Kiowa, Comanche, Apache of Oklahoma, Absentee Shawnee, Cheyenne-Arapaho, Choctaw, Delaware, Caddo Nation of Oklahoma issued on or after Jan. 9, 2008.
A clear, color, full-face digital photograph.
If applicable, documentation establishing legal guardianship.

Social Host Laws

Cannabis

No Data Available
Oklahoma statute appears to apply only to alcohol.

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

Less than 25 pounds (the lowest possible transaction) carries a penalty of two years to life, and a $25,000 fine. All penalties doubled if sale is to a minor.

Other

No Data Available