Oklahoma law · reviewed September 7, 2026
Current DUI Laws
Oklahoma’s DUI law has changed several times in a short period. Advice that accurately described an older arrest may not describe yours. Begin with the date of the alleged conduct and the exact charge.
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The short answer.
As of September 7, 2026, the April 13, 2026 version of Oklahoma’s DUI statute is in effect. It includes aggravated felony DUI, even for certain first offenses. A separate law allowing aggregation of multiple DUI violations is scheduled to take effect November 1, 2026.
The offense date matters
Your case requires the version of the law that applies to the alleged conduct, not simply the newest headline.
A first DUI can be a felony
Specified aggravating circumstances can change classification and add mandatory confinement requirements.
A future change is separate
The multiple-violation aggregation provision takes effect November 1, 2026. It is not yet current on this review date.
What can support a DUI allegation?
Oklahoma law covers driving, operating or being in actual physical control of a vehicle under specified conditions. A qualifying BAC result of 0.08 or more is one route. Alcohol impairment, certain drug or metabolite findings, other intoxicants and combined substances can also be relevant. A result below 0.08 does not automatically defeat every DUI allegation.
Being parked does not necessarily rule out actual physical control. Likewise, a prescription or medical authorization does not by itself answer whether someone was unlawfully impaired. The observations, testing, timing, location and legally required elements still need review.
Aggravated DUI and prior cases
The current statute classifies aggravated DUI as a felony. Grounds include a BAC of 0.15 or more, causing a reportable motor vehicle incident, a passenger under 18, eluding, reckless driving and specified traffic violations. It also includes speed more than 20 mph over the limit, or more than 10 mph over in an active school zone. Not every traffic violation qualifies.
When aggravated DUI is your first DUI offense, the sentence includes a ten-day confinement component that cannot be suspended, deferred or placed on probation. Repeat offenses carry longer mandatory periods. Repeat DUI rules also consider qualifying convictions or deferred judgments and the timing of prior sentence completion. “First arrest” and “no prior conviction” therefore require careful factual review.
Coming November 1, 2026: multiple violations
Enacted Senate Bill 1543 permits two or more separate DUI violations committed within one year to be aggregated into a single felony offense beginning November 1, 2026. The prosecution must still prove the allegations. Cases involving multiple incidents, especially near the effective date, need an individual timeline review.
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A little more clarity
Common questions.
Get answers, then talk through the facts of your case with an attorney.
Is every first DUI a misdemeanor?
No. Under the current statute, qualifying aggravating circumstances can make a first DUI a felony. The alleged facts and the law applicable to the offense date control.
Does a deferred DUI ever count as a prior?
It can. Oklahoma’s repeat-DUI rules include qualifying deferred judgments. Review the actual prior order and completion date rather than assuming a dismissed deferred case can never matter again.
Is the new aggregation rule already in effect?
No, as of this page’s September 7, 2026 review date. Senate Bill 1543’s aggregation provision is scheduled to take effect November 1, 2026.