Oklahoma Statutes Citationized
Title 47. Motor Vehicles
Chapter 11 - Rules of the Road
Article Article 9 - Reckless Driving, Driving While Intoxicated, and Negligent Homicide
Section 11-902 - Persons Under the Influence of Alcohol or Other Intoxicating Substance or Combination Thereof
Cite as: 47 O.S. § 11-902 (OSCN 2026)
A. It is unlawful and punishable as provided for 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;
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;
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. The timing requirement for the administration of tests pursuant to Section 756 of this title shall not apply to this paragraph; 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. The timing requirement for the administration of tests pursuant to Section 756 of this title shall not apply to this paragraph.
B. The fact that any person charged with a violation of this section 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 violating this section.
C. 1. Any person who is convicted of a violation of the provisions of this section shall be guilty of a misdemeanor for the first offense and shall:
a. participate in an assessment and evaluation pursuant to subsection H of this section and shall follow all recommendations made in the assessment and evaluation,
b. be punished by imprisonment in jail for not less than ten (10) days nor more than one (1) year, and
c. be fined not more than One Thousand Dollars ($1,000.00).
2. Any person who, having been convicted of or having received deferred judgment for a violation of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided in this section, Section 11-904 of this title, or paragraph 4 of subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes, or having a prior conviction in a municipal criminal court of record for the violation of a municipal ordinance prohibiting the offense provided for in this section, commits a subsequent violation of this section within ten (10) years of the date following the completion of the execution of such sentence or deferred judgment shall, upon conviction, be guilty of a Class C2 felony offense and shall participate in an assessment and evaluation pursuant to subsection H of this section and shall be sentenced to:
a. follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense,
b. use of an ignition interlock device, as provided by subparagraph n of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes,
c. imprisonment as provided for in subsections B through F of Section 20M of Title 21 of the Oklahoma Statutes, and
d. a fine not more than Two Thousand Five Hundred Dollars ($2,500.00).
However, if the treatment in subsection H of this section does not include residential or inpatient treatment for a period of not less than five (5) days, the person shall serve a term of imprisonment of at least five (5) days.
3. Any person who commits a violation of this section after having been convicted of a felony offense pursuant to the provisions of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided for in this section, Section 11-904 of this title, or paragraph 4 of subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes shall be guilty of a Class B4 felony offense and participate in an assessment and evaluation pursuant to subsection H of this section and shall be sentenced to:
a. follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense,
b. two hundred forty (240) hours of community service,
c. use of an ignition interlock device, as provided by subparagraph n of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes,
d. imprisonment in the custody of the Department of Corrections for not less than one (1) year and not more than ten (10) years, and
e. a fine not more than Five Thousand Dollars ($5,000.00).
However, if the treatment in subsection H of this section does not include residential or inpatient treatment for a period of not less than ten (10) days, the person shall serve a term of imprisonment of at least ten (10) days.
4. Any person who commits a violation of this section after having been twice convicted of a felony offense pursuant to the provisions of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided for in this section, Section 11-904 of this title, or paragraph 4 of subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes shall be guilty of a Class B3 felony offense and participate in an assessment and evaluation pursuant to subsection H of this section and shall be sentenced to:
a. follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense, followed by not less than one (1) year of supervision and periodic testing, as provided in subparagraph q of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes, at the defendant’s expense,
b. four hundred eighty (480) hours of community service,
c. use of an ignition interlock device, as provided by subparagraph n of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes, for a minimum of ninety (90) days,
d. imprisonment in the custody of the Department of Corrections for not less than one (1) year and not more than twenty (20) years, and
e. a fine not more than Five Thousand Dollars ($5,000.00).
However, if the person does not undergo residential or inpatient treatment pursuant to subsection H of this section, the person shall serve a term of imprisonment of at least ten (10) days.
5. Any person who, after a previous conviction of a violation of murder in the second degree or manslaughter in the first degree in which the death was caused as a result of driving under the influence of alcohol or other intoxicating substance, is convicted of a violation of this section shall be guilty of a Class A2 felony offense and shall be punished by imprisonment in the custody of the Department of Corrections for not less than five (5) years and not to exceed twenty (20) years, and a fine not more than Ten Thousand Dollars ($10,000.00).
6. Provided, however, a conviction from another state shall not be used to enhance punishment pursuant to the provisions of this subsection if that conviction is based on a blood or breath alcohol concentration of less than eight-hundredths (0.08).
7. In any case in which a defendant is charged with driving under the influence of alcohol or other intoxicating substance offense within any municipality with a municipal court other than a court of record, the charge shall be presented to the county’s district attorney and filed with the district court of the county within which the municipality is located.
D. Any person who is convicted of a violation of driving under the influence while also committing one of more of the following acts:
1. Driving, operating, or being in actual physical control of a motor vehicle while having a blood or breath alcohol concentration of fifteen-hundredths (0.15) or more at the time of a test of such person’s blood or breath;
2. Causing a motor vehicle incident involving one or more vehicles that results in a report pursuant to Section 40-102 of this title;
3. Driving in a manner that violates the provisions of Section 11-301, 11-302, 11-306, 11-309, or 11-311 of this title;
4. Driving while eluding peace officers pursuant to Section 540a of Title 21 of the Oklahoma Statutes;
5. Driving with a speed in excess of twenty (20) miles per hour over the speed limit or ten (10) miles per hour over the speed limit within an active school zone;
6. Operating a motor vehicle with a passenger younger than eighteen (18) years of age; or
7. Reckless driving as defined in Section 11-901 of this title,
shall, upon conviction, be guilty of aggravated driving under the influence, which shall be a Class B3 felony offense.
E. A person convicted of aggravated driving under the influence shall participate in an assessment and evaluation pursuant to subsection H of this section and shall comply with all recommendations for treatment. Such person shall be sentenced as provided in paragraph 1, 2, 3, 4, or 5 of subsection C of this section and to:
1. Imprisonment as provided in paragraph 1, 2, 3, 4, or 5 of subsection C of this section, provided that:
a. for a first offense of a violation pursuant to this section, the first ten (10) days of the sentence shall not be subject to probation, suspension, or deferral and may be served by night or weekend incarceration pursuant to Section 991a of Title 22 of the Oklahoma Statutes,
b. for a second offense of a violation pursuant to this section, the first thirty (30) days of the sentence shall not be subject to probation, suspension, or deferral; provided further, this mandatory minimum period of confinement shall be served in the county jail as a condition of a suspended or deferred sentence, pursuant to Section 991a of Title 22 of the Oklahoma Statutes, and
c. the portion of the sentence not subject to probation, suspension, or deferral shall increase by thirty (30) days for each subsequent conviction after the second offense;
2. A fine pursuant to paragraph 1, 2, 3, 4, or 5 of subsection C of this section;
3. Not less than one (1) year of supervision and periodic testing, as provided in subparagraph q of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes, at the defendant’s expense; and
4. An ignition interlock device or devices, as provided by subparagraph n of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes, for a minimum of one hundred eighty (180) days.
F. When a person is sentenced to imprisonment in the custody of the Department of Corrections, the person shall be processed through the Lexington Assessment and Reception Center or at a place determined by the Director of the Department of Corrections. The Department of Corrections shall classify and assign the person to one or more of the following:
1. The Department of Mental Health and Substance Abuse Services pursuant to paragraph 1 of subsection A of Section 612 of Title 57 of the Oklahoma Statutes; or
2. A correctional facility operated by the Department of Corrections with assignment to substance abuse treatment. Successful completion of a Department-of-Corrections-approved substance abuse treatment program shall satisfy the recommendation for a ten-hour or twenty-four-hour alcohol and drug substance abuse course or treatment program or both. Successful completion of an approved Department of Corrections substance abuse treatment program may precede or follow the required assessment.
G. Service Oklahoma is hereby authorized to reinstate any suspended or revoked driving privilege when the person meets the statutory requirements which affect the existing driving privilege.
H. 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. The court shall order the person to reimburse the agency or assessor for the evaluation and assessment. Payment shall be remitted by the defendant or on behalf of the defendant by any third party, provided no state-appropriated funds are utilized. The fee for an evaluation and assessment shall be the amount provided in subsection C of Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation and assessment shall be conducted at a certified assessment agency, the office of a certified assessor, or at another location as ordered by the court. The agency or assessor shall, within seventy-two (72) hours from the time the person is evaluated and assessed, submit a written report to the court for the purpose of assisting the court in its sentencing determination. The court shall, as a condition of any sentence imposed, including deferred and suspended sentences, require the person to participate in and successfully complete all recommendations from the evaluation, such as an alcohol and substance abuse treatment program pursuant to Section 3-452 of Title 43A of the Oklahoma Statutes. If such report indicates that the evaluation and assessment shows that the defendant would benefit from a ten-hour or twenty-four-hour alcohol and drug substance abuse course or a treatment program or both, the court shall, as a condition of any sentence imposed, including deferred and suspended sentences, require the person to follow all recommendations identified by the evaluation and assessment and ordered by the court. No person, agency, or facility operating an evaluation and assessment program certified by the Department of Mental Health and Substance Abuse Services shall solicit or refer any person evaluated and assessed pursuant to this section for any treatment program or substance abuse service in which such person, agency, or facility has a vested interest; however, this provision shall not be construed to prohibit the court from ordering participation in or any person from voluntarily utilizing a treatment program or substance abuse service offered by such person, agency, or facility. If a person is sentenced to imprisonment in the custody of the Department of Corrections and the court has received a written evaluation report pursuant to the provisions of this subsection, the report shall be furnished to the Department of Corrections with the judgment and sentence. Any evaluation and assessment report submitted to the court pursuant to the provisions of this subsection shall be handled in a manner which will keep such report confidential from the general public’s review. Nothing contained in this subsection shall be construed to prohibit the court from ordering judgment and sentence in the event the defendant fails or refuses to comply with an order of the court to obtain the evaluation and assessment required by this subsection. If the defendant fails or refuses to comply with an order of the court to obtain the evaluation and assessment, Service Oklahoma shall not reinstate driving privileges until the defendant has complied in full with such order. Nothing contained in this subsection shall be construed to prohibit the court from ordering judgment and sentence and any other sanction authorized by law for failure or refusal to comply with an order of the court.
I. Any person who is found guilty of a violation of the provisions of this section shall be required by the court to attend a victims impact panel program, as defined in subsection H of Section 991a of Title 22 of the Oklahoma Statutes, if such a program is offered in the county where the judgment is rendered, and to pay a fee of Seventy-five Dollars ($75.00), as set by the governing authority of the program and approved by the court, to the program to offset the cost of participation by the defendant, if in the opinion of the court the defendant has the ability to pay such fee.
J. Any person who is found guilty of a felony violation of the provisions of this section shall be required to submit to electronic monitoring as authorized and defined by Section 991a of Title 22 of the Oklahoma Statutes.
K. Any person who is found guilty of a violation of the provisions of this section who has been sentenced by the court to perform any type of community service shall not be permitted to pay a fine in lieu of performing the community service.
L. 1. When a person is eighteen (18) years of age or older, and is the driver, operator, or person in physical control of a vehicle, and is convicted of violating any provision of this section while transporting or having in the motor vehicle any child less than eighteen (18) years of age, the fine shall be enhanced to double the amount of the fine imposed for the underlying driving under the influence (DUI) violation which shall be in addition to any other penalties allowed by this section.
2. Nothing in this subsection shall prohibit the prosecution of a person pursuant to Section 852.1 of Title 21 of the Oklahoma Statutes who is in violation of any provision of this section or Section 11-904 of this title.
M. Any plea of guilty, nolo contendere, or finding of guilt for a violation of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided for in this section, Section 11-904 of this title, or paragraph 4 of subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes shall constitute a conviction of the offense for the purpose of this section; provided, any deferred judgment shall only be considered to constitute a conviction for a period of ten (10) years following the completion of any court-imposed probationary term.
N. If qualified by knowledge, skill, experience, training, or education, a witness shall be allowed to testify in the form of an opinion or otherwise solely on the issue of impairment, but not on the issue of specific alcohol concentration level, relating to the following:
1. The results of any standardized field sobriety test including, but not limited to, the horizontal gaze nystagmus (HGN) test administered by a person who has completed training in standardized field sobriety testing; or
2. Whether a person was under the influence of one or more impairing substances and the category of such impairing substance or substances. A witness who has received training and holds a current certification as a drug recognition expert shall be qualified to give the testimony in any case in which such testimony may be relevant.
Historical Data
Laws 1961, HB 556, p. 386, § 11-902, eff. September 1, 1961; Amended by Laws 1967, SB 87, c. 58, § 1, emerg. eff. April 17, 1967; Amended by Laws 1971, HB 1152, c. 153, § 1; Amended by Laws 1978, SB 418, c. 108, § 1; Amended by Laws 1982, HB 1699, c. 294, § 9, emerg. eff. July 1, 1982; Amended by Laws 1983, SB 160, c. 119, § 1, emerg. eff. May 17, 1983; Amended by Laws 1984, HB 1034, c. 254, § 5, eff. November 1, 1984; Amended by Laws 1985, HB 1393, c. 338, § 6, eff. November 1, 1985; Amended by Laws 1986, HB 1633, c. 279, § 21, emerg. eff. July 1, 1986; Amended by Laws 1988, SB 556, c. 242, § 9, eff. November 1, 1988; Amended by Laws 1990, SB 866, c. 51, § 109, emerg. eff. April 9, 1990; Amended by Laws 1992, SB 814, c. 382, § 7, emerg. eff. June 9, 1992; Amended by Laws 1993, SB 467, c. 276, § 13, emerg. eff. May 27, 1993; Amended by Laws 1994, SB 741, c. 387, § 5, eff. July 1, 1995; Amended by Laws 1995, HB 1012, c. 1, § 17, emerg. eff. March 2, 1995; Amended by Laws 1995, SB 127, c. 313, § 3, emerg. eff. July 1, 1995; Amended by Laws 1997, HB 1213, c. 133, § 481, eff. July 1, 1998 (superseded document available); Amended by Laws 1997, SB 611, c. 420, § 4, eff. July 1, 1998 (superseded document available); Amended by Laws 1997, SB 611, c. 420, § 5, eff. July 1, 1998 (superseded document available); Amended by Laws 1998, HB 2616, c. 89, § 3, emerg. eff. July 1, 1998 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, §§ 23-26, emerg. eff. June 19, 1998) (superseded document available); Amended by Laws 1999, SB 695, c. 106, § 4, emerg. eff. April 19, 1999; Amended by Laws 1999, SB 695, c. 106, § 5, emerg. eff. April 19, 1999 (superseded document available ); Amended by Laws 1999, SB 423, c. 391, § 2, emerg. eff. July 1, 1999 (repealed by Laws 2000, HB 2711, c. 6, § 33, emerg. eff. March 20, 2000) (superseded document available ); Amended by Laws 1999, HB 1088, c. 170, § 1, eff. November 1, 1999; Amended by Laws 1999, HB 1783, c. 308, § 1, eff. November 1, 1999 (repealed by Laws 2000, HB 2711, c. 6, § 33, emerg. eff. March 20, 2000); Amended by Laws 1999, HB 1082, c. 395, § 1, eff. November 1, 1999 (superseded document available); Amended by Laws 2000, HB 2711, c. 6, § 11, emerg. eff. March 20, 2000 (superseded document available); Amended by Laws 2000, HB 1920, c. 285, § 3, emerg. eff. July 1, 2000; Amended by Laws 2000, SB 1443, c. 368, § 1, eff. November 1, 2000 (repealed by Laws 2000, 1st Extr. Sess., SB 3, c. 8, § 34, emerg. eff. July 1, 2000); Amended by Laws 2000, 1st Extr. Sess., SB 3, c. 8, § 20, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2001, SB 544, c. 133, § 3, emerg. eff. April 24, 2001 (superseded document available); Amended by Laws 2001, HB 1692, c. 435, § 10, emerg. eff. July 1, 2001 (repealed by Laws 2002, SB 1258, c. 442, § 1 & 2, emerg. eff. June 5, 2002) (superseded document available); Amended by Laws 2001, SB 397, c. 437, § 23, eff. July 1, 2001 (repealed by Laws 2002, SB 1258, c. 442, § 1 & 2, emerg. eff. June 5, 2002) (superseded document available); Amended by Laws 2002, SB 1258, c. 442, § 1, emerg. eff. June 5, 2002; Amended by Laws 2002, SB 1536, c. 460, § 33, eff. November 1, 2002 (superseded document available); Amended by Laws 2003, HB 1816, c. 3, § 38, emerg. eff. March 19, 2003; Amended by Laws 2003, SB 817, c. 178, § 3, emerg. eff. July 1, 2003; Amended by Laws 2003, SB 46, c. 437, § 1, emerg. eff. July 1, 2003; Multiple version repealed by Laws 2003, HB 1816, c. 3, § 39, emerg. eff. March 19, 2003 (superseded document available); Amended by Laws 2004, SB 1407, c. 548, § 1, emerg. eff. June 9, 2004; Amended by Laws 2004, HB 2265, c. 418, § 15, emerg. eff. July 1, 2004 (repealed by Laws 2005, HB 2060, c. 1, § 55, emerg. eff. March 15, 2005) (superseded document available); Amended by Laws 2005, HB 2060, c. 1, § 54, emerg. eff. March 15, 2005 (superseded document available); Amended by Laws 2005, HB 1304, c. 167, § 2, eff. November 1, 2005 (repealed by Laws 2006, HB 3139, c. 16, § 30, emerg. eff. March 29, 2006); Amended by Laws 2005, HB 1395, c. 189, § 1, eff. November 1, 2005 (superseded document available); Amended by Laws 2006, HB 3139, c. 16, § 29, emerg. eff. March 29, 2006 (superseded document available); Amended by Laws 2009, SB 1138, c. 143, § 2, emerg. eff. July 1, 2009; Amended by Laws 2009, HB 2252, c. 310, § 3, eff. November 1, 2009 (superseded document available); Amended by Laws 2011, HB 1319, c. 350, § 3, eff. November 1, 2011; Amended by Laws 2011, SB 529, c. 373, § 6, eff. November 1, 2011 (repealed by Laws 2012, SB 1704, c. 11, § 14, emerg. eff. April 4, 2012) (superseded document available); Amended by Laws 2012, SB 1704, c. 11, § 13, emerg. eff. April 4, 2012 (superseded document available); Amended by Laws 2013, HB 1069, c. 157, § 2, eff. November 1, 2013; Amended by Laws 2013, HB 1743, c. 175, § 3, eff. November 1, 2013 (repealed by Laws 2013, HB 1441, c. 393, § 5, eff. October 1, 2013); Amended by Laws 2013, HB 1441, c. 393, § 3, eff. October 1, 2013 (superseded document available); Amended by Laws 2016, HB 3146, c. 172, § 6, eff. November 1, 2016 (repealed by Laws 2017, SB 833, c. 42, § 19); Amended by Laws 2016, HB 2555, c. 196, § 1, eff. November 1, 2016 (superseded document available); Amended by Laws 2017, SB 833, c. 42, § 18 (superseded document available); Amended by Laws 2018, SB 1091, c. 35, § 1, eff. November 1, 2018; Amended by Laws 2018, HB 2643, c. 61, § 1, emerg. eff. April 23, 2018 (superseded document available); Amended by Laws 2020, HB 2877, c. 46, § 3, eff. September 1, 2020 (superseded document available); Amended by Laws 2025, HB 1222, c. 172, § 3, eff. November 1, 2025; Amended by Laws 2025, HB 1460, c. 305, § 6, eff. November 1, 2025; Amended by Laws 2025, SB 54, c. 347, § 1, eff. November 1, 2025 (superseded document available); Amended by Laws 2025, HB 2104, c. 486, § 33, eff. January 1, 2026 (superseded document available); Amendment by Laws 2025, c. 347, § 1, amended by Laws 2026, SB 1627, c. 12, § 67, emerg. eff. April 13, 2026 (superseded document available); Amendment by Laws 2025, c. 172, § 3, repealed by Laws 2026, SB 1627, c. 12, § 68, emerg. eff. April 13, 2026; Amendment by Laws 2025, c. 305, § 6, repealed by Laws 2026, SB 1627, c. 12, § 69, emerg. eff. April 13, 2026; Amendment by Laws 2025, c. 486, § 33, repealed by Laws 2026, SB 1627, c. 12, § 70, emerg. eff. April 13, 2026.
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