Oklahoma’s statutes create a detailed framework for the sale, possession, and consumption of alcohol, enforced by the Alcoholic Beverage Laws Enforcement (ABLE) Commission. These regulations cover everything from the legal drinking age to the specific hours and locations for alcohol sales. This article provides a general overview of the most common alcohol-related regulations that affect the public.
Minimum Legal Age for Alcohol
In Oklahoma, it is illegal for any person under 21 to purchase, possess, or consume alcoholic beverages. An individual under 21 caught illegally possessing alcohol faces misdemeanor charges. The penalties for a first offense can include a fine of up to $300, an alcohol and drug substance abuse course, and community service.
A conviction also affects driving privileges under Oklahoma’s “Use/Lose” laws, resulting in a driver’s license revocation for six months on a first offense. Using a fake ID to purchase alcohol also carries penalties, including fines and community service.
Purchasing Alcohol Rules and Locations
Recent changes in Oklahoma law expanded where consumers can purchase alcohol. Beer and wine with an alcohol content up to 15% ABV can be sold in grocery stores, convenience stores, and pharmacies. These establishments are permitted to sell beer and wine from 6:00 a.m. to 2:00 a.m., seven days a week.
Liquor stores, referred to as retail package stores, are the exclusive sellers of spirits and liquors, but can also sell refrigerated beer and wine. Their operating hours are from 8:00 a.m. to midnight, Monday through Saturday. Sunday sales for liquor stores are only permitted in counties that have specifically approved it by a local vote, and all liquor stores must be closed on Thanksgiving and Christmas Day.
Small farm wineries and breweries can sell their own products directly to consumers for consumption off the premises. Deliveries of alcoholic beverages from licensed businesses are also legal in the state. No matter the location, it is illegal to sell alcohol to anyone who is visibly intoxicated.
Public Consumption and Open Container Laws
Oklahoma law prohibits the consumption of alcohol in public places. Being drunk or intoxicated in a public area, such as a street or park, can lead to a public intoxication charge. This offense is a misdemeanor, with penalties that can include fines from $10 to $100 and potential jail time of 5 to 30 days.
The state also enforces strict open container laws concerning motor vehicles. It is illegal to transport an open container of an alcoholic beverage, defined as any vessel with a broken seal, in the passenger area of a vehicle. This rule applies to both drivers and passengers.
To comply with the law, any open container must be transported in an area not readily accessible to the driver or passengers, such as the trunk.1U.S. Law :: Justia. Oklahoma Statutes §21-1220 (2024) – Transporting intoxicating beverage or low-point beer – Prohibition – Special assessment – Exceptions – Penalty. In vehicles without a trunk, it must be in a locked external compartment or another area not normally occupied by people. Violating the open container law is a misdemeanor that can result in a fine up to $500 and jail time up to six months.
Oklahoma Driving Under the Influence (DUI) Basics
Driving under the influence (DUI) in Oklahoma is defined by a driver’s Blood Alcohol Content (BAC). For drivers 21 and older, the legal BAC limit is 0.08%, while for commercial drivers, the limit is stricter at 0.04%.2U.S. Law :: Justia. Oklahoma Statutes §47-11-902 (2024) – Persons under the influence of alcohol or other intoxicating substance or combination thereof — Penalty — Enhancement. Oklahoma has a “zero tolerance” policy for drivers under 21, where any measurable amount of alcohol can result in a DUI charge.
Oklahoma’s “implied consent” law means that by operating a vehicle, drivers have consented to chemical testing of their breath or blood if arrested for a DUI.3U.S. Law :: Justia. Oklahoma Statutes §47-751 (2024) – Implied consent to breath test, blood test or other test for determining presence or concentration of alcohol or other intoxicating substance. Refusing to take a test results in automatic penalties, including an immediate driver’s license revocation for six months for a first refusal. This is separate from any penalties from a DUI conviction.
A first-time DUI offense is a misdemeanor and can include jail time from 10 days to one year, fines up to $1,000, and a substance abuse assessment. Other penalties include driver’s license revocation and the potential requirement to install an ignition interlock device. Penalties increase for subsequent offenses or for an aggravated DUI, where the BAC is 0.15% or higher.
Supplying Alcohol to Underage Individuals
State law makes it illegal to knowingly sell, furnish, or give alcoholic beverages to an individual under 21.4U.S. Law :: Justia. Oklahoma Statutes §37A-6-120 (2024) – Selling, furnishing or giving alcoholic beverages to persons under 21 – Penalties. This applies to employees of licensed establishments and private citizens. A first-time violation is a misdemeanor, punished by a fine of up to $500, and if a licensed business is convicted, the ABLE Commission will revoke its license.
Oklahoma also has “social host” liability laws, holding adults accountable for underage drinking on their property. A social host provides a location for individuals under 21 to consume alcohol, regardless of who supplied it. A first-time violation can result in a fine of up to $500.
The consequences become more severe if the underage drinking leads to injury or death. In such cases, the social host can face felony charges, punishable by up to five years in prison and a fine of up to $2,500.5U.S. Law :: Justia. Oklahoma Statutes §37A-6-101 (2024) – Prohibited acts – Violations – Penalties.