Oklahoma
Oklahoma DUI Laws: Penalties, BAC Limit & License (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 5 primary sources cited on this page. How we verify our legal content
In Oklahoma the offense is called driving under the influence (DUI), and 47 O.S. 11-902 makes it unlawful to drive with a blood or breath alcohol concentration (BAC) of 0.08 percent or more. A standard first DUI is a misdemeanor punishable by 10 days to one year in jail and a fine of up to $1,000, but aggravating factors can make even a first offense a felony.
This guide is part of our DUI Laws by State series.
What counts as a DUI in Oklahoma
Oklahoma's core impaired-driving statute, 47 O.S. 11-902, makes it unlawful to be in actual physical control of a vehicle while under the influence of alcohol or other intoxicating substances. Subsection (A)(1) is the per se rule: a BAC of 0.08 percent or more by weight is unlawful, while subsection (A)(2) covers driving while actually impaired. A prosecutor can pursue either theory, so a driver under 0.08 can still be convicted on proof of impairment. A separate lesser offense, driving while impaired (DWI), also exists under 47 O.S. 761; under Oklahoma's BAC-evidence statute, 47 O.S. 756, a BAC between 0.05 and 0.08 is relevant evidence of impairment for a DWI charge without the automatic presumption that applies at 0.08 and above. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under Oklahoma's zero-tolerance law, which bars driving with any measurable amount of alcohol. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes.
First-offense DUI penalties in Oklahoma (jail, fines, license)
A standard first DUI is a misdemeanor under 47 O.S. 11-902(C)(1). The statute provides for a jail term of not less than 10 days nor more than one year and a fine of not more than $1,000, in addition to a required alcohol or drug assessment and any treatment the assessment recommends. Courts often grant a deferred or suspended sentence with probation in place of most jail time for a first offense, with conditions that can include a victim-impact panel, community service, and an ignition interlock device. The statute was amended in the 2025 and 2026 sessions, and as the current law stands a routine first DUI remains a misdemeanor while the aggravated tiers carry felony exposure. The driver also faces a separate administrative license revocation handled by Service Oklahoma, the agency that absorbed the driver-license functions of the Department of Public Safety.
| First-offense item | Oklahoma rule (statute or agency) |
|---|---|
| Offense level | Misdemeanor, standard (47 O.S. 11-902(C)(1)) |
| Jail | 10 days to 1 year (47 O.S. 11-902) |
| Fine | Up to $1,000 plus assessment (47 O.S. 11-902) |
| Aggravated (0.15%+, minor, crash) | Felony (47 O.S. 11-902) |
| Administrative revocation (first) | At least 180 days, refusal or failed test (47 O.S. 6-205.1) |
| Look-back period | 10 years |
| Interlock | Often required; mandatory for aggravated and repeat |
Watch out: The Service Oklahoma administrative license revocation runs separately from the criminal case. You can resolve the criminal charge and still lose your license, and to contest the revocation you must file a petition in the district court within 30 days after Service Oklahoma mails the notice of revocation, under 47 O.S. 6-211(E).
Ignition interlock requirements in Oklahoma
Oklahoma leans heavily on ignition interlock devices to let drivers keep driving after a DUI. While a routine misdemeanor first offense does not always carry a hard interlock mandate from the start, an offender who wants to reinstate or obtain a modified driver license generally must install a certified IID for a set period. The device becomes mandatory for an aggravated first offense, including a BAC of 0.15 percent or more, and for second and later offenses, with longer terms as the offense level rises. The interlock requires a breath sample before the engine starts and at random intervals while driving, and it reports every reading. Drivers in the Impaired Driver Accountability Program can often replace part of a revocation with an interlock-restricted license.
License suspension and the administrative process in Oklahoma
Oklahoma runs two systems at once. The administrative license revocation is a civil action separate from the criminal case, governed by 47 O.S. 6-205.1 and the implied consent law in 47 O.S. 751. When a driver is arrested for DUI, the officer serves a written notice of revocation, and under 47 O.S. 753 and 754 the revocation becomes effective 45 days after that notice is given. Review is not an agency hearing. Under 47 O.S. 6-211 the driver appeals by filing a petition in the district court for the county where the arrest occurred, and the petition must be filed within 30 days after Service Oklahoma mails the notice. Under 47 O.S. 6-205.1 a first revocation runs at least 180 days on the same schedule whether the driver refused the test or failed it. A driver may often avoid a hard revocation by enrolling in the Impaired Driver Accountability Program with an interlock-restricted license. To reinstate, a driver must complete the revocation or program, pay the reinstatement fee, and may need to file proof of financial responsibility (an SR-22).
Repeat offenses and the Oklahoma look-back period
Oklahoma counts prior DUIs within a 10-year look-back window, and the jump to felony status comes quickly. Under 47 O.S. 11-902, a second DUI committed within 10 years of a prior conviction is a Class C2 felony under 47 O.S. 11-902(C)(2), punishable by up to seven years in the custody of the Department of Corrections with at least 20 percent of the sentence served under 21 O.S. 20M(B), plus a fine of up to $2,500, with longer terms for third and later offenses. The felony threshold is therefore the second offense within the look-back period, which is stricter than the third-offense felony rule used by many states. In addition, aggravated factors can make even a first offense a felony. DUI causing great bodily injury is a felony under 47 O.S. 11-904, and a DUI that causes death can be charged as first-degree manslaughter, regardless of offense number.
Watch out: Refusing the breath or blood test does not protect your license. A first refusal triggers an administrative revocation of at least 180 days, the same period 47 O.S. 6-205.1 sets for failing the test, and the refusal can be used against you in the criminal case.
Refusing a breath or blood test in Oklahoma
Oklahoma's implied consent law in 47 O.S. 751 provides that by driving in the state, you have agreed to submit to a chemical test of breath or blood if lawfully arrested for DUI. Under 47 O.S. 6-205.1, a first revocation within a 10-year window runs at least 180 days, a second runs at least one year, and a third or later runs at least two years. The same escalating schedule applies whether the driver refused the test under 47 O.S. 753 or failed it under 47 O.S. 754, so a refusal does not by itself carry a longer revocation than a failed test. These revocations are administrative and apply on top of any criminal penalties, a refusal can still be used against you in the criminal case, and officers can seek a warrant to draw blood in serious cases. The driver contests the revocation by filing a petition in the district court within 30 days after Service Oklahoma mails the notice, under 47 O.S. 6-211.
Can you expunge or seal a DUI in Oklahoma
Oklahoma does allow some DUI records to be expunged, which sets it apart from states that bar DUI sealing entirely. The most common path is a deferred sentence: when a first DUI is resolved with a deferred judgment and the person completes probation, the case is dismissed, and the court record can be sealed under 22 O.S. 991c. A broader full expungement under 22 O.S. 18 and 19 can also seal the arrest record held by the Oklahoma State Bureau of Investigation, generally available a set time after a misdemeanor deferred sentence is dismissed if the person has no prior convictions and no pending charges. A DUI that ends in a straight conviction is harder to clear and usually requires meeting longer waiting periods. A sealed DUI can still count as a prior for enhancement during the 10-year look-back.
What to do after a DUI arrest in Oklahoma
An Oklahoma DUI creates two separate matters: a criminal case in court and an administrative license case with Service Oklahoma. The deadlines are short, so a common first step is to file a petition in the district court within 30 days after Service Oklahoma mails the notice of revocation, because missing that window generally means the revocation takes effect on schedule, 45 days after the written notice. The criminal case proceeds on its own schedule from arraignment through resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. Before that 30-day window closes, ask an Oklahoma DUI attorney for a free consultation on the license petition and the criminal case (attorney advertising). Keep the arrest paperwork, the notice of revocation, and any test results in a safe place.
More Oklahoma Laws
Frequently Asked Questions
What is the BAC limit in Oklahoma?
The per se limit is 0.08 percent BAC for drivers 21 and older under 47 O.S. 11-902. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a zero-tolerance rule barring any measurable amount of alcohol. A BAC of 0.15 percent or more is an aggravating factor.
How long do you lose your license for a first DUI in Oklahoma?
A first DUI brings an administrative license revocation handled by Service Oklahoma. Under 47 O.S. 6-205.1 a first revocation runs at least 180 days, and the same period applies whether the driver refused the chemical test or failed it. The revocation becomes effective 45 days after the written notice. Many drivers can keep driving through the Impaired Driver Accountability Program with an interlock.
Is a first DUI a felony in Oklahoma?
A standard first DUI is a misdemeanor. However, an aggravated first DUI, including a BAC of 0.15 percent or more, a minor passenger, a crash, excessive speeding, or evading police, is a felony under 47 O.S. 11-902, and a second DUI within 10 years is also a felony.
Do you need an interlock for a first DUI in Oklahoma?
Often, yes, especially to reinstate or obtain a modified license. An ignition interlock device is mandatory for an aggravated first offense (BAC 0.15 percent or more) and for repeat offenders, and many first offenders use one through the Impaired Driver Accountability Program.
What happens if you refuse a breathalyzer in Oklahoma?
Under implied consent, a first refusal triggers an administrative license revocation of at least 180 days, the same period that applies to failing the test. Under 47 O.S. 6-205.1 a revocation within 10 years of a prior one runs at least one year, and a third or later runs at least two years.
How long does a DUI stay on your record in Oklahoma?
A DUI counts as a prior for 10 years under Oklahoma's look-back period. A conviction stays on the record unless it is expunged, and a first DUI resolved with a deferred sentence can often be sealed about one year after the case is dismissed.
Can you get a DUI expunged in Oklahoma?
Yes, in many cases. A first DUI handled with a deferred sentence can be sealed under 22 O.S. 991c after the case is dismissed, and a full expungement under 22 O.S. 18 and 19 can clear the arrest record if eligibility requirements are met.
What is the look-back period for DUI in Oklahoma?
Oklahoma uses a 10-year look-back period. A prior DUI within 10 years makes the next DUI a felony, so the felony threshold is the second offense inside that window, stricter than the third-offense rule in many states.
Updates
Corrected the license-revocation appeal to a petition filed in district court within 30 days (not a 15-day Service Oklahoma hearing), added the 45-day effective date, removed the incorrect claim that a test refusal carries a longer revocation than a failed test, fixed the third-revocation period to two years, and restated a second DUI within 10 years as a Class C2 felony carrying up to seven years.
Added the missing statutory citations (47 O.S. 761 and 756) supporting this page's existing, accurate description of Oklahoma's separate lesser 'driving while impaired' offense for BAC readings between 0.05 and 0.08 percent.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Oklahoma Statutes, Title 47: MOTOR VEHICLES
§ 11-902Persons under the influence of alcohol or otherIn force
intoxicating substance or combination thereof — Penalty — Enhancement. A. It is unlawful and punishable as provided 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 administered within two (2) hours after the arrest of such person; 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 administered within two (2) hours after the arrest of such person; 4.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at oklegislature.gov
§ 11-904Person involved in personal injury accident while underIn force
influence of alcohol or other intoxicating substance - Causing great bodily injury. A. Any person who is involved in a personal injury accident while driving or operating a motor vehicle within this state and who is in violation of the provisions of subsection A of Section 11-902 of this title may be charged with a violation of the provisions of this subsection as follows: 1. Any person who is convicted of a violation of the provisions of this subsection shall be deemed guilty of a misdemeanor for the first offense and shall be punished by imprisonment in the county jail for not less than ninety (90) days nor more than one (1) year, and a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00); and 2. Any person who is convicted of a violation of the provisions of this subsection after having been previously convicted of a violation of this subsection or of Section 11-902 of this title shall be deemed guilty of a Class B5 felony offense and shall be punished by imprisonment in the custody of the Department of Corrections for not less than one (1) year and not more than five (5) years, and a fine of not more than Five Thousand Dollars ($5,000.00). B. 1.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov
§ 6-205.1Periods of revocation - Denial of driving privilegesIn force
A. The driving privilege of a person who is convicted of any offense as provided in paragraph 2 of subsection A of Section 6-205 of this title, or a person who has refused to submit to a test or tests as provided in Section 753 of this title, or a person whose alcohol concentration is subject to the provisions of Section 754 of this title, except as provided by subsection F of Section 6-212.5 of this title, shall be revoked or denied by Service Oklahoma for the following period, as applicable: 1. The first license revocation pursuant to paragraph 2 of subsection A of Section 6-205 of this title or Section 753 or 754 of this title, within ten (10) years preceding the date of arrest relating thereto, shall be for a period of no less than one hundred eighty (180) days and until the person completes the Impaired Driver Accountability Program in accordance with the rules of the Board of Tests for Alcohol and Drug Influence; 2.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov
§ 751Implied consent to breath test, blood test or other testIn force
for determining presence or concentration of alcohol or other intoxicating substance. A. 1. Any person who operates a motor vehicle upon the public roads, highways, streets, turnpikes or other public place or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings within this state shall be deemed to have given consent to a test or tests of such person's blood or breath, for the purpose of determining the alcohol concentration as defined in Section 756 of this title, and such person's blood, saliva or urine for determining the presence or concentration of any other intoxicating substance therein as defined in this section, if arrested for any offense arising out of acts alleged to have been committed while the person was operating or in actual physical control of a motor vehicle upon the public roads, highways, streets, turnpikes or other public place or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings while under the influence of alcohol or other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance, or if the…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov
Cited in 30 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Hollis v. State ex rel. Department of Public Safety (Court of Civil Appeals of Oklahoma 2005, 131 P.3d 145)“…est to determine the alcoholic content of his or her blood. 47 O.S. Supp.2004 § 751(A). The civil penalty for violating the…”
- TRUSTY v. STATE ex rel. DEPT. OF PUBLIC SAFETY (Supreme Court of Oklahoma 2016, 2016 OK 94)“…47 O.S. 6-211, Right of Appeal to Court Cited 47 O.S. 751, Implied Consent to Breath, Blood, or…”
- Opinion No. 78-198 (1978) Ag (Oklahoma Attorney General Reports 1978)“…y to mopeds and therefore 47 O.S. 6 -117 [ 47-6-117 ] and 47 O.S. 751 [ 47-751 ] (1971) shall not apply to t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 753Refusal to submit to testIn force
A. If a conscious person under arrest refuses to submit to testing of his or her blood or breath for the purpose of determining the alcohol concentration thereof, or to a test of his or her blood, saliva or urine for the purpose of determining the presence or concentration of any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance, none shall be given except upon the issuance of a search warrant or unless the investigating officer has probable cause to believe that the person under arrest, while intoxicated, has operated the motor vehicle in such a manner as to have caused the death or serious physical injury of any other person or persons. In such event, such test otherwise authorized by law may be made in the same manner as if a search warrant had been issued for such test or tests. The sample shall be taken in a medically acceptable manner as authorized by Section 752 of this title.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- HUNSUCKER v. FALLIN (Supreme Court of Oklahoma 2017, 2017 OK 100)“…2011 § 753, as amended by section 1, Ch. 131, O.S.L. 2015 (47 O.S.Supp. 2016 § 753). 43 S. B. No. 643, § 13, amen…”
- Marquardt v. Webb (Supreme Court of Oklahoma 1976, 545 P.2d 769)“…t, there was no arrest. Thus, Appellant contends that under 47 O.S. § 753 the Department of Public Safety was wit…”
- CRIPPS v. STATE (Court of Criminal Appeals of Oklahoma 2016, 2016 OK CR 14)“…id - Drug and Alcohol Testing Discussed at Length 47 O.S. 753 , Refusal to Submit to Test - Revocat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 761Operation of motor vehicle while impaired - Penalties -In force
Suspensions - Violations not bondable. A. Any person who operates a motor vehicle while his ability to operate such motor vehicle is impaired by the consumption of alcohol, or any other substance, other than alcohol, 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 shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. B. Upon the receipt of any person’s record of conviction of driving while impaired, when such conviction has become final, Service Oklahoma shall suspend the driving privilege of such person, as follows: 1. The first suspension shall be for thirty (30) days; 2. The second suspension shall be for a period of six (6) months, which may be modified; provided, any modification under this paragraph shall apply to Class D motor vehicles only; and 3.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- STEWART v. STATE (Court of Criminal Appeals of Oklahoma 2016, 2016 OK CR 9)“…tle 47. Motor Vehicles Cite Name Level 47 O.S. 761, Operation of Motor Vehicle While Imp…”
- TRUSTY v. STATE ex rel. DEPT. OF PUBLIC SAFETY (Supreme Court of Oklahoma 2016, 2016 OK 94)“…tle 47. Motor Vehicles Cite Name Level 47 O.S. 761, Operation of Motor Vehicle While Imp…”
- Ohio Casualty Insurance Co. v. Todd (Supreme Court of Oklahoma 1991, 813 P.2d 508)“…te 18. [23] 47 O.S.Supp. 1988 §§ 11-902, 11-904. [24] 47 O.S.Supp. 1987 § 761. [25] The source of common law in Ok…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 756Admission of evidence shown by testsIn force
A. Upon the trial of any criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a motor vehicle while under the influence of alcohol or any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance, evidence of the alcohol concentration in the blood or breath of the person as shown by analysis of the blood or breath of the person performed in accordance with the provisions of Sections 752 and 759 of this title or evidence of the presence or concentration of any other intoxicating substance as shown by analysis of such person's blood, breath, saliva, or urine specimens in accordance with the provisions of Sections 752 and 759 of this title is admissible. Evidence that the person has refused to submit to a test or tests is also admissible. For the purpose of this title, when the person is under the age of twenty-one (21) years, evidence that there was, at the time of the test, any measurable quantity of alcohol is prima facie evidence that the person is under the influence of alcohol in violation of Section 11-906.4 of this title.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2017
Opinions citing this section in our collection:
- HUNSUCKER v. FALLIN (Supreme Court of Oklahoma 2017, 2017 OK 100)“…on 15--like the rest of this bill--is amendatory; it amends 47 O.S. § 756, which already applies to both crimin…”
- TRUSTY v. STATE ex rel. DEPT. OF PUBLIC SAFETY (Supreme Court of Oklahoma 2016, 2016 OK 94)“…on of License - Reinstatement of License Discussed 47 O.S. 756, Admission of Evidence Shown by Tests…”
- STATE v. HOVET (Court of Criminal Appeals of Oklahoma 2016, 2016 OK CR 26)“…ers - Authority - Rules - Revolving Fund Discussed 47 O.S. 756, Admission of Evidence Shown by Tests…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 6-211Right of appeal to district courtIn force
A. Any person denied driving privileges, or whose driving privilege has been canceled, denied, suspended or revoked by Service Oklahoma, except where such cancellation, denial, suspension or revocation is mandatory, under the provisions of Section 6-205 of this title, or disqualified by Service Oklahoma, under the provisions of Section 6-205.2 or 761 of this title, shall have the right of appeal to the district court as hereinafter provided. Proceedings before the district court shall be exempt from the provisions of the Oklahoma Pleading and Discovery codes, except that the appeal shall be by petition, without responsive pleadings. The district court is hereby vested with original jurisdiction to hear the petition. B. A person whose driving privilege is denied, canceled, revoked or suspended due to inability to meet standards prescribed by law, or due to an out-of-state conviction or violation, or due to an excessive point accumulation on the traffic record, or for an unlawful license issued, may appeal in the county in which the person resides. C.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov
§ 754Seizure of license - Temporary driving privileges -In force
Administrative revocation. A. The sworn report of the officer stating the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the public roads, highways, streets, turnpikes or other public place of this state while under the influence of alcohol, any other intoxicating substance or the combined influence of alcohol and any other intoxicating substance, shall be submitted by mail, by electronic means approved by Service Oklahoma or in person to Service Oklahoma within seventy-two (72) hours of the issuance of the report. The failure of the officer to timely file this report shall not affect the authority of Service Oklahoma to revoke the driving privilege of the arrested person. However, Service Oklahoma shall take no action on a sworn report as described in this section if the sworn report is not received by Service Oklahoma after the expiration of one hundred eighty (180) days of the arrest of the person. B.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov
Cited in 55 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Price v. Reed (Supreme Court of Oklahoma 1986, 725 P.2d 1254)“…e here is the constitutionality of the implied consent law, 47 O.S. Supp.1982 § 754. 1 The questions presented…”
- HUNSUCKER v. FALLIN (Supreme Court of Oklahoma 2017, 2017 OK 100)“…30 Id. § 13, 2017 O.S.L. at 1576-78 (to be codified at 47 O.S. § 754). 31 Majority Op. ¶ 32.…”
- Chase v. State Ex Rel. Department of Public Safety (Supreme Court of Oklahoma 1990, 795 P.2d 1048)“…um value (0.10) for intoxication prescribed by the terms of 47 O.S.Supp.1986 § 754(g). 1 Following a hearing…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Oklahoma Statutes, Title 22: CRIMINAL PROCEDURE
§ 991cDeferred sentenceIn forcecited in 2 of our articles
A. Upon a verdict or plea of guilty or upon a plea of nolo contendere, but before a judgment of guilt, the court may, without entering a judgment of guilt and with the consent of the defendant, defer further proceedings upon the specific conditions prescribed by the court not to exceed a seven-year period, except as authorized under subsection B of this section. The court shall first consider restitution among the various conditions it may prescribe. The court may also consider ordering the defendant to: 1. Pay court costs; 2. Pay an assessment in lieu of any fine authorized by law for the offense; 3. Pay any other assessment or cost authorized by law; 4. Engage in a term of community service without compensation, according to a schedule consistent with the employment and family responsibilities of the defendant; 5. County jail confinement for a period not to exceed ninety (90) days or the maximum amount of jail time provided for the offense, if it is less than ninety (90) days; 6. Pay an amount as reimbursement for reasonable attorney fees, to be paid into the court fund, if a court-appointed attorney has been provided to the defendant; 7.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov
Cited in 28 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- D. A. v. STATE ex rel. OKLAHOMA STATE BUREAU OF INVESTIGATION (Supreme Court of Oklahoma 2018, 2018 OK 102)“…and received a five-year deferred sentence. 2 Pursuant to 22 O.S.Supp.2009 § 991c(A)--the statute governing deferred judg…”
- FRY v. STATE ex rel. DEPARTMENT OF CORRECTIONS (Supreme Court of Oklahoma 2017, 2017 OK 77)“…offender's guilty plea pursuant to a procedure outlined in 22 O.S. § 991c. 22 The Legislature, however, never in…”
- OBER v. STATE ex rel. DEPARTMENT OF PUBLIC SAFETY (Court of Civil Appeals of Oklahoma 2015, 2016 OK CIV APP 2)“…22. Criminal Procedure Cite Name Level 22 O.S. 991c, Deferred Sentence Discussed T…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oklahoma Expungement Laws: 22 O.S. § 18, Clean Slate & How to File (2026)
§ 18Expungement of records - Persons authorizedIn forcecited in 2 of our articles
A. Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories: 1. The person has been acquitted; 2. The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reversed the conviction and the prosecuting agency subsequently dismissed the charge; 3. The factual innocence of the person was established by the use of deoxyribonucleic acid (DNA) evidence subsequent to conviction, including a person who has been released from prison at the time innocence was established; 4. The person has received a full pardon by the Governor for the crime for which the person was sentenced; 5. The person was arrested and no charges of any type, including charges for an offense different than that for which the person was originally arrested, are filed and the statute of limitations has expired or the prosecuting agency has declined to file charges; 6. The person was under eighteen (18) years of age at the time the offense was committed and the person has received a full pardon for the offense; 7.
Official text (excerpt) · last checked 2026-09-01 · Read the full text in our law library · Verify at oklegislature.gov
Cited in 22 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Buechler v. State (Court of Civil Appeals of Oklahoma 2007, 175 P.3d 966)“…or expunge his arrest records. He sought expungement under 22 O.S. §§ 18(4) and 19. 4 In an order d…”
- STATE v. SHADE (Court of Civil Appeals of Oklahoma 2017, 2017 OK CIV APP 68)“…en (10) years have passed since the felony conviction[.] 22 O.S. Supp. 2015 § 18(A)(11). 1 In its order filed in Octobe…”
- BRASSFIELD v. STATE (Supreme Court of Oklahoma 2024, 544 P.3d 938)“…ma facie showing of harm when a circumstance enumerated in 22 O.S. § 18 is shown to exist."). 6 Sectio…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 19Sealing and unsealing of records - ProcedureIn forcecited in 2 of our articles
A. Any person qualified under Section 18 of this title may petition the district court of the district in which the arrest information pertaining to the person is located for the sealing of all or any part of the record, except basic identification information. B. The process for the automatic expungement of a clean slate eligible arrest record as defined in subsection C of Section 18 of this title is as follows: 1. On a monthly basis, the Oklahoma State Bureau of Investigation shall identify arrest records which are clean slate eligible by conducting a search of the criminal history repository records of the Bureau; 2. The Bureau shall, on a monthly basis, provide a list of clean slate eligible arrest records to the prosecuting agency and the arresting agency; 3. The prosecuting agency, arresting agency, and the Bureau may, no later than forty-five (45) days from the day on which the notice described in paragraph 2 of this subsection is transmitted, object to an automatic expungement and such objection shall be transmitted to all parties. An objection may be made for any of the following reasons: a.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- BRASSFIELD v. STATE (Supreme Court of Oklahoma 2024, 544 P.3d 938)“…ngement of Criminal Records Discussed at Length 22 O.S. 19, Procedure for Sealing Records - Rei…”
- In Re Spilman (Supreme Court of Oklahoma 2010, 240 P.3d 702)“…Bar disciplinary proceedings. ¶ 6 The first paragraph of 22 O.S.Supp. 2009 § 19 shows that the § 18 remedy is provided…”
- Howrey v. State (Court of Criminal Appeals of Oklahoma 2002, 73 O.B.A.J. 1569)“…strict court to determine. In that connection, we note that 22 O.S. § 19 affords the district court broad powers…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Explore the law
This article also draws on these acts and chapters (opening at their first section): Oklahoma Statutes, Title 47: MOTOR VEHICLES § 1-101 (Definition of words and phrases)
Related law for further reading — not part of this article’s citations.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Oklahoma Statutes 47 O.S. 11-902, DUI offense, per se BAC (0.08%), first-offense penalties, and aggravated/felony tiers(oscn.net).gov
- Oklahoma Statutes Title 47, implied consent and administrative revocation (6-205.1, 751)(oscn.net).gov
- Service Oklahoma, violations, suspensions, and reinstatements (DUI license revocation)(oklahoma.gov).gov
- Oklahoma State Bureau of Investigation, criminal history record expungement (22 O.S. 18/19)(oklahoma.gov).gov
- NHTSA, drunk driving and the 0.08% federal BAC standard(nhtsa.gov).gov
- Oklahoma Statutes 47 O.S. 761, driving while impaired offense and penalties(law.justia.com)
- Oklahoma Statutes 47 O.S. 756, BAC evidentiary presumption bands (under 0.05, 0.05-0.08, 0.08 and above)(law.justia.com)
- Oklahoma Legislature, Oklahoma Statutes Title 47 (official compilation): 6-205.1 revocation periods, 6-211 right of appeal to district court, 753 and 754 implied consent and administrative revocation(oklegislature.gov)
- Oklahoma Legislature, Oklahoma Statutes Title 21 Section 20M, Class C2 felony sentencing range (up to seven years, 20 percent served)(oklegislature.gov)
Paid attorney referral. RecordingLaw may receive compensation when you use an attorney-help link. RecordingLaw is not a law firm. Submitting a request does not guarantee that an attorney will accept your case and does not create an attorney-client relationship.