62
CHAPTER 12
Alcohol, Drugs and Driving̶
Oklahoma Is Tough on DUIs
DRUGS AFFECT YOUR DRIVING
Everyone knows that mind-altering drugs like alcohol, marijuana, tranquilizers,
antidepressants, speed and meth can change the way you see things and the way
you react—mentally and physically. But not everyone realizes that many prescription drugs and
even over-the-counter drugs (such as cold, hay fever, pain medications and diet pills) can slow
your reaction time, make you dizzy or nervous and impair (damage, weaken or worsen) your
concentration and vision.
You never know what will happen. The same drugs and the same amounts of drugs, will affect
each person differently. Also, the same drug can affect you more at one time than another.
Weight, emotional state, heart and breathing rate, food intake, amount of sleep, tolerance for
a drug and other factors, can all influence the way you react to drugs. Even a small amount of
alcohol or drugs will reduce your ability to judge a driving situation, decide what to do and act
quickly.
Mixing drugs can be especially dangerous, because they react with each other and multiply
the harmful effects on your concentration and coordination. This is especially true when one of
those drugs is alcohol. Mixing alcohol and drugs may multiply the effects of the alcohol and the
combination can create additional effects, including serious health problems—even death.
ALCOHOL—WHY DRINKING AND
DRIVING IS SO DANGEROUS
Alcohol moves quickly to your stomach, into your
blood and to all parts of your body. Driving skills,
especially your judgment, are affected almost
immediately. Alcohol puts good judgment on
hold—you don’t know when you’ve had too much
to drink until it’s too late. By the time you feel
it, your judgment and coordination are already
impaired.
Alcohol slows your reflexes and reaction time,
reduces your ability to see clearly and makes you less alert. As the amount of alcohol in your
body increases, your judgment will worsen and your driving skill will decrease. You will have
trouble judging distances, speeds and the movement of other vehicles and you will have trouble
controlling your vehicle.
Oklahoma law enforcement is tough on drunk drivers. Alcohol is responsible for about 1/4 of all
highway deaths. More young people are crippled, maimed and killed by drinking and driving or
by drunk drivers than by any other cause. If you drink or use drugs and drive, there is a greater
possibility that you will be caught because Oklahoma has improved its laws and increased its law
enforcement against drinking drivers.
DUI
IF YOU DRINK,
DON’T DRIVE
Consider this sobering
fact about alcohol—it’s
not what you drink; it’s
how much. A 12-ounce
can of beer, a 5-ounce
glass of wine and a
cocktail with 1.5 ounces
of 80-proof distilled
spirits all contain the
same amount of alcohol.
DOING DRUGS
CAN DO YOU IN
In an emergency, you
need good judgment,
good physical
coordination and fast
reaction time to avoid
injury, damage or death.
63
CHAPTER 12
THE LAW SAYS
If your license is revoked
under the Oklahoma
Implied Consent Law,
the revocation period
will be from 180 days to 2
years, depending on your
previous driving record.
PENALTIES
FOR IMPAIRED
DRIVING
BAC OVER 0.05
BUT LESS THAN 0.08
On conviction, a fine
of $100–$500, up to 6
months in jail or both
Oklahoma has tough penalties for anyone driving under the influence or impairment of alcohol
and drugs, especially for drivers under 21. The consequences of arrest and conviction will remain
on a driver’s record. If you are arrested for driving or riding a motorcycle under the influence of
drugs, the conviction and penalties can affect you for the rest of your life.
OKLAHOMA IMPLIED CONSENT LAWS
The very act of driving or being in actual physical control of a motor vehicle means that you have
agreed to take one or more tests to determine your blood alcohol content (BAC). This law applies
to everyone, residents and non-residents alike. Refusal to take the test upon request by a law
enforcement officer will result in an automatic revocation of your driving privilege, even if you
have not been drinking. If you have been drinking, the test will determine the BAC level. If the
BAC level is 0.08 or more (or any measurable amount if you are under 21 years old), your driver
license will be revoked—even if you are not convicted in court of driving under the influence (DUI).
CRIMINAL EVIDENCE
AND PENALTIES
Whether or not a BAC test indicates you are legally
intoxicated is not the real issue. Impairment of
judgment and skill begins well below the legal
limit. Observations and information gathered by
the arresting officer are also evidence that may be
used in court and can result in a conviction without
a BAC test. Oklahoma law prohibits driving a motor
vehicle while impaired by alcohol or other substances.
An alcohol concentration more than 0.05 is relevant
evidence that the driver’s ability to drive was impaired.
When Service Oklahoma receives notice of a conviction,
Service Oklahoma will also suspend the person’s driving privilege
as follows:
■ First suspension—30 days
■ Second suspension—6
months
■ Third suspension—1 year
DUI stands for “Driving Under
the Influence” and means that
a driver is intoxicated by drugs
or alcohol or both.
If the BAC is 0.08 or more or
any measurable amount for
drivers under 21 (see Zero
Tolerance, page 64) or if the
arresting officer’s observations
of the driver’s behavior,
appearance and mannerisms
lead to a conviction for
DUI, the penalties are
imprisonment AND a fine.
First offense
■ a misdemeanor
■ imprisonment in jail for not less than
ten days nor more than 1 year and
■ a fine of not more than $1,000
Second offense within 10 years
■ a felony
■ imprisonment for not less than 1 year,
not to exceed 5 years and
■ a fine of not more than $2,500
Second felony offense
■ imprisonment for not less than 1 year,
not to exceed 7 years and
■ fine of not more than $5,000, third or
subsequent offense
Third or subsequent offense
■ imprisonment for not less than 1 year,
not to exceed 10 years and
■ fine of not more than $5,000
PENALTIES FOR DUI—BAC .08 OR MORE
64
CHAPTER 12
When Service Oklahoma receives notice of the DUI conviction, Service Oklahoma
will also suspend or revoke the person’s driving privilege unless the privilege has
already been revoked because the BAC test was refused or failed during the same
incident. The license will be suspended as follows:
■ For 180 days on the first revocation
■ For 1 year, if there was a prior DUI or drug-related revocation within 10 years
■ For 2 years if, there were two or more DUI or drug-related revocations within 10
years
Additional costs commonly associated with an alcohol-related arrest include:
■ Lawyer’s fees
■ Lost time off work for court and alcohol education programs
■ Alternative transportation costs while your license is suspended
■ Court costs, separate from the fines
■ An Alcohol and Drug Substance Abuse evaluation (ADSAC)
■ An Ignition interlock device installed in your vehicle
■ License reinstatement fees
■ Increased insurance rates
■ Psychological and emotional costs of being a “drunk driver”
■ Struggle for jobs, money and education: If you are convicted of a felony for a DUI, it
may adversely affect your applications for loans and financing, college admission and
scholarships and more, for the rest of your life.
OTHER DRUGS AND DRIVING
The effects of drugs other than alcohol can impair your thinking and driving even more than
alcohol. Remember that many prescription drugs taken in combination with alcohol or other
drugs can be deadly.
Prescription and Over-the-Counter Drugs—Before you take a drug, check the label for warnings
about side effects such as drowsiness or nervousness. Diet and pep pills can make you more
alert for a short time, but later they can bring on nervousness, dizziness, poor concentration and
distorted vision. If you aren’t sure if it’s safe to take the drug and drive, ask a pharmacist or doctor.
Marijuana - Research shows that people who use marijuana make more driving mistakes than
other drivers, have more trouble adjusting to glare and have more arrests for traffic violations.
Illegal Drugs - illegal drugs are not good for your health and affect your ability to drive safely. For
example, drivers on amphetamines are four times more likely to be involved in a car crash.
“ZERO TOLERANCE” FOR DRIVERS UNDER 21
Oklahoma DUI laws are very strict for people under 21. Oklahoma wants to keep its young people
driving and alive (See the next section, “Additional penalties for drivers under 18,” page 65. A
collision caused by mixing drinking or drugs and driving can wipe out a hopeful future. A DUI
conviction for teenagers and young adults can literally ruin their lives before they have a chance
to find out what life is all about.
65
CHAPTER 12
THE LAW SAYS:
It is unlawful and punishable, as stated below, for any person under 21 years of age to drive,
operate or be in actual physical control (APC) of a motor vehicle within our state who:
■ Has ANY measurable quantity of alcohol in the person’s blood or breath at the time a
test is administered.
■ Exhibits evidence of being under the influence of any other intoxicating substance; or
■ Exhibits evidence of the combined influence of alcohol and any other intoxicating
substance.
Lengths of License Revocation
When a person’s driver license is revoked based on the “Zero Tolerance Law,” the periods of
revocation are as follows:
■ First conviction or offense for driving under the influence (DUI), actual physical control
(APC), refusal of the breath or blood test or a measurable amount of BAC, the revocation
would be for a period of SIX MONTHS.
■ Second conviction or offense for DUI, APC or refusal of the breath or blood test or
a measurable amount of BAC, the second revocation would be for a period of 12
MONTHS.
■ If you are less than 16 years of age at the time or will be less than 16 at the end of the
cancellation, Service Oklahoma shall extend the cancellation until you are 16 years of
age.
In addition to the mandatory revocation of the driving privilege:
Fines and Penalties
■ First conviction—Fine of $100–$500 or community service or
treatment program or any combination of fine, community service
or treatment program.
■ Second or subsequent conviction—Fine of $100–$1,000 or
community service or treatment program or any combination of
fine, community service or treatment program.
SAFETY TIP
Protect yourself and
other people. If you drink,
don’t drive.
Don’t let your friends
drive drunk. Drinking
and driving is dumb!
ADDITIONAL PENALTIES FOR PERSONS UNDER 18
If you are under the age of 18, a court is required to notify Service Oklahoma of any offense that
you commit, including any crime, violation, infraction, traffic offense or other offense involving
or relating to the possession, use, sale, purchase, transportation, distribution, manufacture or
consumption of beer, alcohol or any beverage containing alcohol: and to any crime, violation,
infraction, traffic offense or other offense involving or related to consuming, ingesting, inhaling,
injecting or absorbing any controlled dangerous substance as defined by Oklahoma law; or any
substance which is capable of being ingested, inhaled, injected or absorbed into the human
body and is capable of adversely affecting the central nervous system, vision, hearing or other
sensory or motor functions.
When the court makes this notification, Service Oklahoma is required to cancel or deny a person
a driver license for a determined period of time as recommended by the court or required by law.
PENALTIES FOR
PERSONS UNDER 18
At the discretion of the court,
a period of:
■ 6 months
■ 1 year
■ 2 years or until the person
attains the age of 21 years,
whichever period of time
is longer
66
CHAPTER 12
Notes
DUI
67
CHAPTER 13
Violations and Penalties
If your license is suspended or revoked, you can’t apply for a new license until you are reinstated and
you can’t legally drive until your license is restored. Driving with a suspended or revoked license is a
serious crime and the punishment can be severe.
UNLAWFUL USE OF LICENSE AND/OR IDENTIFICATION CARD
Your license is a legal document, the property of the state of Oklahoma and it is against the law
to use it to misrepresent yourself in any way or to allow anyone else to use your license.
Many of the purchases of alcohol consumed by our young adults are aided by the possession of
fake identification cards or driver licenses. With the increased capabilities of today’s computers, a
scanned identification card or driver license is easily duplicated and modified.
The Oklahoma Legislature has given the Department of Public Safety Identity Verification Unit
new tools to combat fake identification cards and driver licenses by allowing the cancellation of
any identification card or driver license for any of the following violations. Your ID card or driver
license may be canceled if you:
■ Loan your license or identification card to any other person or knowingly
permit another to use it.
■ Display or cause or permit to be displayed or possess a license or
identification card issued to you that has altered information for the date of
birth, expiration date, sex, height, eye color, weight or license card number.
■ Fail or refuse to surrender to Service Oklahoma upon its lawful demand
any license or identification card that has been suspended, revoked or
canceled.
■ Permit any unlawful use of a license or identification card issued to you.
■ Create, publish or otherwise manufacture an Oklahoma or other state
license or identification card or facsimile thereof or create, manufacture or
possess an engraved plate or other such device for printing an Oklahoma
or other state license or identification card or facsimile thereof, except as
authorized by law.
■ Display or cause or permit to be displayed or knowingly possess any state
counterfeit or fictitious license or identification card.
■ Display or cause to be displayed or knowingly possess any state license or
identification card bearing a fictitious or forged name or signature.
■ Display or cause or permit to be displayed or knowingly possess any state
license or identification card bearing the photograph of any person, other
than the person named as licensee.
■ Display or represent as one’s own any license or identification card not
issued to you for the purpose of committing fraud in any commercial
transaction or to mislead a peace officer in the performance of their duties.
■ Use a false or fictitious name on any application for a license or
identification card.
It’s a felony for anyone who is authorized to issue licenses to knowingly
participate in licensing someone not entitled to a license or who lies on the
application or tries to use another person’s picture.
OKLAHOMA
4d Lic. No.
USA
3 DOB
9 Class
9a End
12 Restr
1
2
8
11/16/1907
A13456789
DRIVER LICENSE
SERVICE OKLAHOMA
6015 N. CLASSEN BLVD.
OKLAHOMA CITY, OK 73118
D
NONE
NONE
FOR THE NEXT
7 YEARS!
EVERY TIME YOU USE, CARRY,
BORROW OR BUY A FAKE ID:
• It's a felony
• You could spend 7 years in prison
• You could face a $10,000 fine
A FAKE ID CAN GET
YOU BEHIND BARS...
68
CHAPTER 13
DRIVER’S RECORD
Some collisions, any Oklahoma court conviction for a traffic violation or any out-of-state court
conviction will be put on your driving record. Your entire driving record will be maintained by
Service Oklahoma and will be transferred if you apply for a license in another state.
Service Oklahoma will release your 3 year driving record to you under the provisions of the Driver
Privacy Protection Act upon completion of a records request form. To get a copy of a driving
record:
1. Complete a records request form, which may be obtained at a licensed operator or on
Service Oklahoma’s website or by writing to Service Oklahoma, Records Management, P.O.
Box 11415, Oklahoma City, OK 73136.
2. Records request form must be complete with your full name, date of birth and driver license
number.
3. There is a $25.00 fee for a copy of your driving record. (Effective July 1, 2010)
Service Oklahoma will provide the driving record to people over 65 at no charge.
COMPLIANCE DIVISION
If you drive carelessly, if you disobey the law, if you have a drug or alcohol abuse
problem that affects your driving or for any other reason you are not driving safely,
you may be required to appear for a Compliance Hearing.
The Compliance Division of Service Oklahoma was created to work with drivers
who will not or don’t know how to drive in a safe manner. The program is designed
to provide self-improvement and safer driving techniques to traffic violators and
people involved in collisions.
People with physical conditions that affect their driving may be required to
obtain the approval from the Compliance Division to get or retain a driver license.
Oklahoma law authorizes a Medical Advisory Committee, composed of medical
doctors, to recommend standards for the physical, emotional and mental capacity of
license applicants and licensed drivers.
A safety course may be required that will include activities such as meeting with
others for instruction or counseling, defensive driving techniques, identifying
collision traps, how to decrease the risk of a collision and the importance of a proper
attitude while driving.
When self-improvement does not occur or cannot be achieved, Service Oklahoma must suspend
or cancel driving privileges for the safety of the individual and all other drivers on Oklahoma’s
streets and highways.
69
CHAPTER 13
PROBATIONARY LICENSE
A license issued to drivers under 18 is considered probationary: You are on a trial period to show
you can drive safely and legally. Service Oklahoma can, at its discretion, cancel or suspend your
license for any moving traffic violation.
MANDATORY REVOCATION OF YOUR LICENSE
State law requires that the driving privilege be revoked (withdrawn) for 6 months to 3 years for
a conviction of any of the following:
■ Manslaughter or negligent homicide resulting from operating a motor vehicle.
■ Driving or being in actual physical control of a motor vehicle while under the influence
of intoxicants. (No additional suspension will be made if the driving privilege has
already been revoked under the Implied Consent Law for the same incident. See
Implied Consent Law on page 63.
■ Any felony in which a motor vehicle is used.
■ Failure to stop and render aid if you are a driver involved in a collision resulting in death or
personal injury (leaving the scene of a collision/hit-and-run).
■ Perjury or making a false statement under oath to obtain a license or for any other legal
matter relating to the ownership or operation of a motor vehicle.
■ Any drug conviction (misdemeanor or felony) while using a motor vehicle.
■ If under age 21, driving or being in actual physical control of a motor vehicle with any
measurable quantity of alcohol.
OKLAHOMA MANDATORY POINT SYSTEM
The Mandatory Point System is a method by which Service Oklahoma monitors all driving
records. Everyone starts with a clean record—no points. Each time you are convicted of a
pointable traffic violation, you are assessed one or more points on your driving record. If you
accumulate 10 or more points within 5 years, your license will be suspended.
Points can be reduced as discussed below.
A driver convicted of these offenses, in any court, anywhere, having authority over these
violations, will be assessed as follows:
OFFENSE
Violation of license restriction ...............................................................................................................................................2
Reckless driving ............................................................................................................................................................................. 4
Careless driving ...............................................................................................................................................................................2
Speed......................................................................................................................................................................................................2
Speed in excess of 25 mph above posted limit .........................................................................................................3
Failure to stop or remain stopped for a school bus loading or unloading ............................................ 4
Following too close or improperly ......................................................................................................................................2
Failure to obey stop sign or traffic light .........................................................................................................................2
Failure to yield right of way .....................................................................................................................................................2
Left of center or wrong way on one way........................................................................................................................2
Operating a defective vehicle.................................................................................................................................................1
All other violations (excluding the violations requiring suspension or revocation action) ..........1
70
CHAPTER 13
Point Reduction
Two (2) points are deducted for each 12-month period in which there are no convictions of any
pointable traffic violations. Points are reduced to zero if there are no traffic violation convictions
for three consecutive years.
Two (2) points are deducted for successful completion of a Service Oklahoma-approved Driver
Compliance or Defensive Driving Course. Credit for completing the course can be given once
every 24 months. The point total cannot go below zero.
FINANCIAL RESPONSIBILITY—
LIABILITY INSURANCE REQUIREMENTS
Chapter 3 discusses the Liability Insurance Law. It’s so important that it will be repeated here:
Compulsory Liability Insurance—All Oklahoma drivers and/or vehicle owners are required by law
to carry the minimum limits of liability for this state:
■ $25,000 for injury or death of one person
■ $50,000 for injury or death of two or more persons
■ $25,000 for property damage
By law, you must show proof of insurance to a law enforcement officer or representative of
Service Oklahoma when asked. If you are in a collision, you must show your proof of insurance to
the other driver and to the other people involved.
IMPORTANT
Service Oklahoma
must have your current
address on file. Failure
to keep an updated
address with Service
Oklahoma could result
in a suspension without
your knowledge.
FINANCIAL
RESPONSIBILITY—
PENALTY FOR NOT
HAVING INSURANCE
A fine of up to $250, 30 days in jail or
both, PLUS suspension of license and
registration upon conviction of failure to
comply with the Compulsory Insurance
Law or failure to produce proof of insur-
ance to a law enforcement officer upon
request.
TESTING LOCATIONS
Service Oklahoma maintains driver testing
facilities throughout the state. This is done to
better serve the public.
Visit our website for locations where driver
examinations are given. Personnel at these
sites can supply information concerning the
date and location of examinations within their
area.
WWW.SERVICE.OK.GOV
71
Copyright 2023 Service Oklahoma, State of Oklahoma
All Rights Reserved – Service Oklahoma
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file will not be distributed to any person, organization or entity in any form, including paper copies and digital copies, without the express
written permission in advance from the State of Oklahoma, Service Oklahoma. This file may not be reproduced by any individual, agency,
organization, association or group without approval in writing from the Service Oklahoma.
For additional information, call 405.522.7000.