While the laws vary in each state for impaired driving, Oklahoma has several laws that define alcohol/drug-related driving offenses:
Driving While Impaired (DWI)
A person is driving while impaired when there is evidence that there was, at the time of the test, an alcohol concentration in excess of five-hundredths (0.05) but less than eight-hundredths (0.08). However, no person shall be convicted of driving while impaired in the absence of additional evidence that the person’s ability to operate such vehicle was affected by alcohol to the extent that the public health and safety was threatened or that the person had violated a state statute or local ordinance in the operation of the motor vehicle
Driving Under the Influence (DUI)
A person is driving under the influence when they drive, operate, or are 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:
- Has a blood or breath alcohol concentration, as defined in 47 O.S. § 756, 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;
- Is under the influence of alcohol;
- Has any amount of a Schedule I chemical or controlled substance, as defined in 63 O.S. §2-204, 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;
- 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
- 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.
The fact that any person is or has been lawfully entitled to use alcohol or a controlled dangerous substance or any other intoxicating substance shall not constitute a defense against any charge of driving under the influence.
Driving Under the Influence (DUI) Under 21
A person under the age of 21 is driving under the influence when they drive, operate, or are in actual physical control of a motor vehicle within this state who:
- Has any measurable quantity of alcohol in the person’s blood or breath at the time of a test administered within two (2) hours after an arrest of the person;
- Exhibits evidence of being under the influence of any other intoxicating substance as shown by analysis of a specimen of the person’s blood, breath, saliva, or urine in accordance with the provisions of 47 O.S. § 752 and 47 O.S. § 759; or
- Exhibits evidence of the combined influence of alcohol and any other intoxicating substance.
Aggravated Driving Under the Influence
Any person who is convicted of a violation of driving under the influence with a blood or breath alcohol concentration of fifteen-hundredths (0.15) or more is guilty of aggravated driving under the influence.
A person who is the parent, guardian, or person having custody or control over a child as defined in 10A O.S. § 1-1-105, commits child endangerment when the person:
- Knowingly permits 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 the driver, operator, or person in physical control of a vehicle in violation of 47 O.S. § 11-902 while transporting or having in the vehicle such child or children.
However, it is an affirmative defense to this paragraph if the person had a reasonable apprehension that any action to deny permission for the child to be in the vehicle with an intoxicated person would result in substantial bodily harm to the person or the child.