Were you arrested for driving under the influence in Oklahoma City, Oklahoma? Call Overman Legal Group for a free consultation at (405) 605-6718. Our Oklahoma City DUI lawyers can defend you from start to finish and work toward as favorable an outcome as may be possible under the law.
We’re a respected Oklahoma City criminal defense law firm that has more than 40 years of combined experience. If you hire us, we’ll put the full force of our services to work on your behalf and won’t let the prosecution take advantage of you at any time.
Why Hire Overman Legal Group After a DUI Arrest in Oklahoma City, OK?
At Overman Legal Group, we take a modern, focused, and innovative approach to criminal defense. As lifelong Oklahoma City residents, we are deeply invested in protecting the members of our community. Our attorneys have served as both prosecutors and public defenders, giving us valuable insight into how DUI cases are investigated, negotiated, and tried from every perspective.
Clients choose our Oklahoma City criminal defense lawyers because:
- We offer decades of combined experience focused exclusively on criminal defense.
- Our attorneys understand Oklahoma’s DUI laws and stay current on changes that may affect your case.
- We are skilled negotiators, including attorneys who have taught negotiation at OCU Law, and experienced trial lawyers who know when to negotiate and when to fight in court.
- We take the time to listen, develop a defense strategy tailored to your circumstances, and believe that one mistake should not define your future.
Every DUI case is unique, and no outcome can be guaranteed. However, our goal is always to pursue the best possible result based on the facts of your case. Contact Overman Legal Group today to schedule a free consultation with an Oklahoma City DUI attorney.
DUI Law in Oklahoma
Oklahoma law prohibits operating or being in actual physical control of a motor vehicle while under the influence of alcohol or drugs. Under Title 47 of the Oklahoma Statutes, a person can be charged with DUI if their blood alcohol concentration is 0.08% or higher, if they have any amount of a Schedule I controlled substance in their system, or if they are impaired by alcohol or drugs to a degree that makes safe driving impossible.
It is also important to understand how Oklahoma distinguishes between DUI and DWI. A DWI applies when a driver’s BAC falls between 0.05% and 0.08%. While a DWI is a less serious charge, a DUI at 0.08% or above carries significantly steeper consequences.
Drivers under 21 face a strict zero-tolerance standard, meaning any measurable quantity of alcohol in their system can result in an arrest.
Oklahoma also recognizes a separate offense called Actual Physical Control (APC). You can be charged with APC if you are intoxicated inside a vehicle and have the ability to operate it, even if the car is parked and the engine is off. The penalties for APC mirror those of a standard DUI, and the charge counts as a prior offense under the state’s lookback period.
What Are the Penalties for a DUI Conviction in Oklahoma City?
Oklahoma is one of the toughest states in the country when it comes to DUI enforcement; the penalties escalate quickly with each subsequent offense. The state uses a 10-year lookback period as well, meaning any prior DUI or APC conviction within the past decade will be used to enhance the charges and penalties you face. Out-of-state convictions also count.
First-Offense DUI
A standard first DUI is classified as a misdemeanor and carries the following potential penalties:
- 10 days to 1 year in county jail
- Fines up to $1,000, plus court costs
- 180-day license revocation
- Mandatory drug and alcohol assessment through ADSAC
- Completion of any recommended treatment program
- Ignition interlock device (IID) required for a modified license during the suspension period
If your BAC was 0.15% or higher, the IID requirement extends to at least 18 months along with additional supervision and periodic testing.
Second-Offense DUI
The penalties for a second-offense DUI include:
- 1 to 5 years in state prison
- Fines up to $2,500
- 1-year license revocation
- Mandatory ADSAC assessment and treatment
- IID installation upon reinstatement
A second DUI within 10 years is automatically charged as a felony in Oklahoma.
Third-Offense DUI and Beyond
A third DUI within the lookback window carries 1 to 10 years in prison and fines up to $5,000. A fourth or subsequent offense can result in up to 20 years behind bars. The consequences compound dramatically with each additional conviction.
Collateral Consequences
The penalties handed down by the court are only part of the picture. A DUI conviction in Oklahoma, particularly a felony, can create lasting problems in virtually every area of your life.
Some of the collateral consequences that may follow a conviction include:
- A permanent criminal record visible on background checks
- Difficulty finding or keeping employment
- Revocation of professional licenses for teachers, nurses, attorneys, and other licensed professionals
- Increased insurance premiums or loss of coverage
- Immigration consequences for non-citizens
- Loss of firearm rights for felony convictions
- Damage to personal relationships and reputation
For working professionals, the secondary effects of a felony DUI can be more devastating than the sentence itself. Protecting your record from a conviction should be a top priority, and our defense team is equipped to help you pursue every avenue for doing so.
SB 54: Oklahoma’s New Aggravated DUI Law
Effective November 1, 2025, Senate Bill 54 fundamentally changed the DUI landscape in Oklahoma. Under the previous framework, most first-time DUI arrests were treated as misdemeanors. SB 54 rewrites that assumption by expanding the definition of “aggravated DUI” well beyond a high BAC.
Under the new law, a DUI may be considered aggravated if the driver:
- Has a BAC of 0.15% or higher
- Causes an accident
- Engages in reckless driving or excessive speeding while impaired
- Attempts to elude law enforcement
- Has a child passenger under 18 in the vehicle
Any of these aggravating factors can now elevate a first-offense DUI to a felony. The law also imposes mandatory minimum jail time that judges cannot suspend: 10 days for a first aggravated DUI and 30 days for a second.
What Defenses Can Be Raised Against DUI Charges in Oklahoma City?
DUI cases often have more weaknesses than people realize.
While your defense will ultimately come down to the specific facts of your situation, some of the most common strategies include:
- Challenging the legality of the traffic stop that led to your arrest
- Questioning whether the breathalyzer was properly calibrated and administered
- Disputing subjective field sobriety test results that may have been influenced by medical conditions, road conditions, or other non-impairment factors
- Raising a “rising BAC” defense if there was a delay between the stop and the chemical test
- Identifying constitutional violations such as an unlawful search or failure to advise you of your implied consent rights
- Challenging APC charges by demonstrating you had no intention of operating the vehicle
- Presenting evidence of medical conditions that can mimic impairment or skew test results
No two cases are identical. Our attorneys will examine every piece of evidence the state plans to use and determine the strongest path forward for your situation.
How a Criminal Defense Lawyer Can Help
A DUI arrest can have serious consequences, including criminal penalties, the loss of your driver’s license, and a lasting impact on your future. An experienced Oklahoma City DUI lawyer can protect your rights, explain your options, and guide you through every step of the legal process.
When you hire Overman Legal Group, we can:
- Protect your rights from the very beginning of your case
- Handle the deadlines and procedures related to your driver’s license
- Investigate the facts of your arrest and review the evidence against you
- Challenge unlawful traffic stops, arrests, or improperly obtained evidence
- Negotiate with prosecutors for reduced charges or other favorable resolutions when appropriate
- Determine whether you qualify for alternatives such as deferred sentencing
- Build a strong defense and represent you in court if your case goes to trial
Every case is different, so we take the time to understand your situation and develop a defense strategy tailored to your needs.
Contact Our Oklahoma City DUI Attorneys for a Free Consultation
A DUI charge in Oklahoma City carries consequences that can follow you for years. With SB 54 now in effect, even first-time offenders may face felony prosecution under the right circumstances. The single most important step you can take is to get experienced defense counsel on your side as quickly as possible.
Contact our Oklahoma City DUI attorneys with Overman Legal Group today for a free consultation. We have 40 years of experience altogether and are ready to start working on your defense right away.
