Implied Consent and DUI Penalties

Key points

1. Driving means you have agreed to take tests to determine your blood alcohol content.

   Source: Handbook p. 65

   “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).”
   Oklahoma Driver Manual, Handbook p. 65

2. Refusing a test means automatic revocation, even if you have not been drinking.

   Source: Handbook p. 65

   “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.”
   Oklahoma Driver Manual, Handbook p. 65

3. A BAC of 0.08 or more revokes your license even if you are not convicted of DUI.

   Source: Handbook p. 65

   “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).”
   Oklahoma Driver Manual, Handbook p. 65

4. An implied consent revocation lasts from 180 days to 2 years, depending on your record.

   Source: Handbook p. 65

   “the revocation period will be from 180 days to 2 years, depending on your previous driving record.”
   Oklahoma Driver Manual, Handbook p. 65

5. A BAC over 0.05 is relevant evidence that your ability to drive was impaired.

   Source: Handbook p. 65

   “An alcohol concentration more than 0.05 is relevant evidence that the driver’s ability to drive was impaired.”
   Oklahoma Driver Manual, Handbook p. 65

6. A first DUI is a misdemeanor with 10 days to 1 year in jail.

   Source: Handbook p. 65

   “■ a misdemeanor ■ imprisonment in jail for not less than ten days nor more than 1 year and”
   Oklahoma Driver Manual, Handbook p. 65

7. A 12 ounce beer, 5 ounce glass of wine and 1.5 ounces of 80 proof spirits hold the same alcohol.

   Source: Handbook p. 64

   “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.”
   Oklahoma Driver Manual, Handbook p. 64

8. Driving with any detectable level of cannabis in your system is illegal.

   Source: Handbook p. 66

   “it is illegal for anyone to drive with any detectable level of cannabis in their system.”
   Oklahoma Driver Manual, Handbook p. 66

Numbers to know

3 questions from the Oklahoma practice test

1. 1. Under Oklahoma's implied consent law, what BAC level causes license revocation for an adult driver even without a DUI conviction?

   1. 0.05 or more
   2. 0.10 or more
   3. 0.08 or more
   4. Only a refusal causes revocation
   Show answer

   0.08 or more. For a driver who is not under 21, a BAC of 0.08 or more can trigger license revocation under implied consent even when a court has not entered a DUI conviction. The 0.05 figure is relevant evidence of impairment, but it is not the threshold described here. A 0.10 threshold is too high, and refusal is not the only route to revocation. The key cue is that the administrative action follows the test result separately from the criminal case.

2. 2. An Oklahoma officer asks a driver who has not been drinking to take a breath test, and the driver refuses. What is the result?

   1. No penalty, because the driver was sober
   2. A written warning
   3. The officer must get a court order first, and no penalty applies
   4. Automatic revocation of the driving privilege
   Show answer

   Automatic revocation of the driving privilege. Driving in Oklahoma counts as agreement to BAC testing. Refusing the test on an officer's request results in automatic revocation of the driving privilege, even if you have not been drinking. Being sober is not a defense to refusal, and the manual describes no warning or court order step that avoids the penalty. For drivers under 21, a refusal also counts under the Zero Tolerance revocation rules.

3. 3. What jail range does Oklahoma list for a first DUI offense with a BAC of 0.08 or more?

   1. No jail is possible for a first offense
   2. Exactly 48 hours
   3. Not less than ten days nor more than 1 year
   4. 1 to 10 years in prison
   Show answer

   Not less than ten days nor more than 1 year. A first DUI at 0.08 or more is a misdemeanor punished by jail of not less than ten days and not more than 1 year, along with a fine. Saying no jail is possible is wrong, 48 hours is not the Oklahoma figure, and 1 to 10 years is the range listed for a third or later offense. A second offense within 10 years is a felony with 1 to 5 years of imprisonment.

Source: the Oklahoma Driver Manual, Chapter 12: Alcohol, Drugs and Driving. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.