In Oklahoma, DUI and DWI are two different crimes. DUI (Driving Under the Influence) generally applies when a driver's BAC is 0.08 or higher or the driver is impaired by drugs. DWI (Driving While Impaired) is a lesser offense, generally charged when a BAC falls above 0.05 but below 0.08 and the driver's ability is impaired. DWI carries lighter penalties and a shorter license suspension.
Key Takeaways
- DUI is charged under 47 O.S. § 11-902; DWI is charged under 47 O.S. § 761.
- A BAC between 0.05 and 0.08 is evidence of impairment, not automatic guilt.
- DWI is always a misdemeanor; a repeat DUI can become a felony.
- Getting a DUI reduced to DWI is one of the most common goals in Oklahoma alcohol cases.
What Is DUI in Oklahoma?
DUI is Oklahoma's main drunk and drugged driving offense. You can be charged with DUI if you drive or are in actual physical control of a vehicle with a BAC of 0.08 or more, while under the influence of alcohol or another intoxicating substance, or while under the combined influence of alcohol and drugs. A BAC of 0.15 or more is aggravated DUI.
What Is DWI in Oklahoma?
DWI is Driving While Impaired. It covers drivers whose ability to operate a vehicle is impaired by alcohol or another substance, even if they are below the 0.08 limit. A test result above 0.05 and below 0.08 is evidence the State can use, but prosecutors still need proof that your driving ability was actually impaired.
Side-by-Side Comparison
| DUI | DWI | |
|---|---|---|
| Full name | Driving Under the Influence | Driving While Impaired |
| Oklahoma statute | 47 O.S. § 11-902 | 47 O.S. § 761 |
| Alcohol threshold | 0.08 BAC or higher | Above 0.05, below 0.08 |
| Classification | Misdemeanor first offense; felony possible on repeat | Misdemeanor |
| First-offense jail range | 10 days to 1 year | Up to 6 months |
| First-offense maximum fine | $1,000 | $500 |
| License after first conviction | Revocation, often with ignition interlock | 30-day suspension |
| Assessment and evaluation | Required | Required |
Why the Difference Matters
The charge on the paperwork shapes everything that follows: possible jail time, how long you lose your license, whether you need an ignition interlock, and how a future arrest will be treated. That is why a reduction from DUI to DWI is often a strong result, particularly for a first offense with a borderline breath test.
"DWI" Means Something Different in Other States
If you are searching online, be careful. In Texas and several other states, DWI means Driving While Intoxicated and is the main drunk driving charge. Oklahoma's DWI is a lesser offense with no direct equivalent in most states, so advice written for other states often does not apply here.
What About APC?
Actual Physical Control (APC) is charged under the same statute as DUI. It covers people who are not driving but are in control of a vehicle, such as sitting behind the wheel of a parked car with the engine running or the keys within reach. APC carries DUI-level penalties, and how close you were to the keys, where you were sitting, and whether the engine was running are often contested.
Charged in Oklahoma City?
Whether you are facing DUI, DWI, or APC, the evidence behind the charge can be challenged. Learn how we approach these cases on our Oklahoma City DWI lawyer page, and read about protecting your license after an arrest.
Frequently Asked Questions
What BAC is DWI in Oklahoma?
Oklahoma generally charges DWI when a driver's BAC is above 0.05 but below 0.08 and there is evidence their driving ability was impaired. At 0.08 or higher, the charge is usually DUI.
Is DWI or DUI worse in Oklahoma?
DUI is worse. It carries a longer possible jail sentence, higher fines, longer license consequences, and can become a felony on a repeat offense. DWI is a lesser misdemeanor.
Can you get a DWI in Oklahoma under 0.08?
Yes. Oklahoma's DWI law exists specifically for drivers whose ability is impaired even though they are under the 0.08 limit.
Is APC the same as DUI in Oklahoma?
APC, or Actual Physical Control, is charged under the same statute as DUI and carries similar penalties, but it applies when a person is in control of a vehicle without necessarily driving it.
Talk to an Oklahoma City DWI Defense Lawyer
The deadlines after an alcohol-related arrest are short, and the license case starts running the day you are arrested. Call (405) 605-8380 or request a free consultation to have your case reviewed.
This article is general information about Oklahoma law, not legal advice. Laws change, and every case depends on its facts. Contact an attorney about your specific situation.
