A DUI arrest in Oklahoma starts two separate cases at once: a criminal charge in court, and a case against your driver's license with Service Oklahoma. The license case moves on its own clock. You generally have 30 days after Service Oklahoma mails the revocation notice to appeal to the district court, so the first weeks after an arrest matter.
Here is what each case looks like under Oklahoma law, written for people arrested in Oklahoma City, Norman and the surrounding counties, from the criminal defense attorneys at Worden & Carbitcher.
The short answer
| Question | What Oklahoma law says | Statute |
|---|---|---|
| What is the legal limit? | A blood or breath alcohol concentration of 0.08 or more, or being under the influence | 47 O.S. § 11-902 |
| When does a license revocation start? | 45 days after written notice from the officer or Service Oklahoma | 47 O.S. § 753, § 754 |
| How long to appeal the revocation? | 30 days after Service Oklahoma mails the notice, in the district court of the county of arrest | 47 O.S. § 6-211 |
| How long is a first revocation? | At least 180 days and until you complete IDAP | 47 O.S. § 6-205.1 |
| Is a first DUI a felony? | No, a first offense is a misdemeanor | 47 O.S. § 11-902 |
Case one: your driver's license
After a DUI arrest, the officer files a sworn report with Service Oklahoma. If a breath or blood test showed 0.08 or more (or any measurable alcohol for a driver under 21), or if you refused testing, Service Oklahoma revokes your driving privilege (47 O.S. § 754, § 753). The revocation becomes effective 45 days after you receive written notice from the officer or from Service Oklahoma.
You have two main paths, and they are not exclusive:
- Appeal to the district court. You may appeal the revocation to the district court in the county where you were arrested. The petition must be filed within 30 days after Service Oklahoma mails the notice of revocation (47 O.S. § 6-211). The hearing looks at issues such as whether the officer had reasonable grounds, whether you were placed under arrest, whether you were properly advised, and whether the test result is accurate.
- The Impaired Driver Accountability Program (IDAP). Service Oklahoma does not revoke the license of a person who has successfully completed, or is currently participating in, IDAP for the arrest (47 O.S. § 754). IDAP is run by the Board of Tests for Alcohol and Drug Influence, which charges a $150 administrative fee, and the program rules require an approved ignition interlock and a violation-free period of at least 90 days at the end (47 O.S. § 6-212.5).
For a first revocation within ten years, the revocation lasts at least 180 days and until you complete IDAP. With a prior revocation or IDAP enrollment in the last ten years, it is at least one year (47 O.S. § 6-205.1). Our guide to suspension versus revocation in Oklahoma explains the difference between the two.
What if you refused the test?
If a conscious person under arrest refuses a breath or blood test, no test is given unless the officer gets a search warrant, or unless the officer has probable cause to believe the driver caused a death or serious physical injury (47 O.S. § 753). A refusal still leads to a revocation on the same timeline, and the appeal hearing then looks at whether you refused and whether you were told your privileges would be revoked if you did. More on testing in our article on chemical testing in DUI cases.
Case two: the criminal charge
Oklahoma's DUI statute makes it a crime to drive or be in actual physical control of a vehicle with a blood or breath alcohol concentration of 0.08 or more, while under the influence of alcohol, or with certain controlled substances in your system (47 O.S. § 11-902).
- First offense. A misdemeanor. The statute provides for an assessment and evaluation, jail of not less than 10 days nor more than one year, and a fine of up to $1,000.
- Second offense within ten years. A subsequent violation within ten years of completing a prior sentence or deferred judgment is a felony.
- Higher test results and other factors. The statute sets added consequences for a test result of 0.15 or more and for certain other circumstances.
Our pages on a first offense DUI and a second offense DUI go into more detail.
Where your case is filed in the OKC metro
Where your criminal case is heard depends on where you were arrested and by which agency. The Oklahoma City metro spans several counties, so a DUI may be filed in the district court for Oklahoma County, Cleveland County or Canadian County, and a city charge from Oklahoma City police may go to the city's municipal court. The license appeal is separate and goes to the district court in the county of arrest.
We defend DUI cases across the metro. Our Norman office at 115 E Gray Street is two blocks from the Cleveland County Courthouse, and our Pauls Valley office at 315 W Grant Ave, Suite 200, serves Garvin County and southern Oklahoma. See our Cleveland County and Garvin County pages.
What to do first
- Write down the dates. The date of your arrest and the date you received any notice from the officer or Service Oklahoma. The 30-day and 45-day clocks run from these.
- Keep every paper. The citation, any notice of revocation, bond paperwork and your court date.
- Do not talk about the arrest on social media. Anything you post can come up in the criminal case.
- Talk to a DUI defense attorney early. The license deadlines are short, and choices about IDAP and the appeal are easier to make before they pass.
For more on the first hours after an arrest, including why we urge Oklahomans never to drink and drive, see our earlier guide, Arrested for a DUI or DWI in Oklahoma? What to Do.
Criminal defense matters at Worden & Carbitcher begin with a free consultation. Learn more about our DUI defense practice, or call 405-360-8036.
Frequently asked questions
I got a DUI in Oklahoma. What should I do first?
Write down the date of arrest and the date you received any revocation notice, keep every document, and speak with a DUI defense attorney quickly. The deadline to appeal a revocation is 30 days after Service Oklahoma mails the notice.
How long do I have to appeal a license revocation after a DUI in Oklahoma?
The appeal petition must be filed in the district court of the county of arrest within 30 days after Service Oklahoma mails the notice of revocation, under 47 O.S. § 6-211.
What happens if I refuse a breathalyzer in Oklahoma?
No test is given without a search warrant unless the officer believes the driver caused a death or serious injury, but Service Oklahoma still revokes the license, effective 45 days after written notice.
Is a first DUI a felony in Oklahoma?
No. A first offense under 47 O.S. § 11-902 is a misdemeanor. A second violation within ten years of completing a prior sentence or deferred judgment is a felony.
What is IDAP in Oklahoma?
The Impaired Driver Accountability Program, run by the Board of Tests for Alcohol and Drug Influence. It carries a $150 administrative fee and requires an ignition interlock. A person participating in or done with IDAP is not revoked under 47 O.S. § 754.
This post is general information about Oklahoma law, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.