Alcohol laws of Oklahoma

Location of Oklahoma

With the passing of Oklahoma Question 792 in the 2016 general elections, starting October 1, 2018, any establishment with a beer and wine license will be permitted to sell beer of up to 9% ABV as well as wine up to 15% ABV, under refrigeration. [1][2] This marks a significant relaxation of alcohol laws in Oklahoma. Prior to this date, strong beer (>3.2% ABW) and wine could only be sold at package liquor stores, and only at room temperature.

Minors under the age of 21 are not permitted to possess or purchase alcohol; however, consumption in a “private setting” is not prohibited by Oklahoma law. Minors may not have a blood alcohol level of more than .02%.

Liquor sales

Under Oklahoma law, it is a felony to provide alcoholic beverages to the "mentally deficient," the intoxicated, and persons under 21 years of age.[3] Although low-point beer may not be sold where unclothed persons or persons with exposed private parts are present on the same premises, alcohol sales are available by the glass if permitted by the county. Conviction of this crime is a misdemeanor punishable by a fine of up to $500 for each offense.[4]

Off-premises

It is illegal to sell packaged liquor (off-premises sales) on Sundays. With the passage of Senate Bill 211, counties can approve Sunday liquor sales through a special election. Sales also are prohibited on Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.[5] Wine and beer for consumption off-premises may not be sold between 2:00 a.m. and 6:00 a.m.

People who have been convicted of a felony or any alcohol-related crime may not obtain a license to sell packaged alcohol.[6]

On-premises

Alcohol may not be sold for consumption on-premises or allowed to be consumed in places licensed to sell alcohol between 2:00 a.m. and 7:00 a.m. This crime is punishable by a fine of up to $500 and up to 6 months imprisonment.[7]

Licensed vendors may not advertise happy hours, serve more than two beverages at a time to a customer, give a discount to a person or group of persons, or permit the play of games that involve drinking.[8]


As of June 2018, all 77 counties allow liquor by the drink. The last 14 counties that only allowed private bottle clubs as well as beer taverns and restaurants permitted to sell only low-point beer (3.2% alcohol by weight) voted to go wet prior to new laws that went into effect on October 1 that eliminated low-point beer. Since off-premises sales are allowed in all 77 counties, no dry counties exist in Oklahoma unlike its neighboring states of Kansas, Arkansas and Texas.

Open container

In public

It is illegal to consume or inhale intoxicating beverages in public in Oklahoma. It also is illegal to be drunk or intoxicated in any public place. These crimes are punishable by a fine of between $10 and $100 and between 5 and 30 days of imprisonment.[9] These crimes may cost more as fines to individual cities rather than the state (e.g. Stillwater[10] and Oklahoma City[11]).

Driving

Opened bottles or any alcoholic beverage with a broken seal may not be stored in an area of the vehicle accessible to the driver.[8] As a result, Oklahoma meets the provisions of the federal Transportation Equity Act for the 21st Century for prohibitions of open containers in vehicles.[12]

DUI

Like every other state in the United States, driving under the influence is a crime in Oklahoma, and is subject to a great number of regulations. It is illegal to drive with a blood or breath alcohol content of 0.08% or more, or while under the influence of alcohol or any other intoxicating substance. For any person under 21 years of age, Oklahoma has a zero tolerance policy. The breath alcohol limit for such a person is 0.02%, and any measurable level of alcohol by a breathalyzer is an automatic DUI and driver's license revocation. This crime is punishable by a fine of up $1,000 US dollars and up to 1 year imprisonment after being evaluated by a person certified by the Department of Mental Health and Substance Abuse.[13]

Minors, adults under age 21, and alcohol in Oklahoma

It is a misdemeanor for persons under 21 years of age to give the impression that they are older for the purpose of obtaining alcoholic beverages.[3] Punishment for this crime is a fine of up to $300 and up to 30 days of community service. Furthermore, the driving license of the convicted individual will be revoked for 6 months for the first offense, 1 year for the second offense, and 2 years for all subsequent offenses, alternatively for any offense they can have their license revoked until they reach 21 years of age at the discretion of the judge.[14]

Landowners cannot lawfully permit a person under 21 years of age to consume alcohol on their property. Punishment for this crime is a fine between $2,500 and $5,000 and up to 5 years of imprisonment.[15]

If a minor is pulled over and charged by an officer to be in violation of any alcohol law, a copy of the violation will be mailed to the legal guardian(s) of the child within three days.[16]

References

  1. ↑
  2. ↑ Dishman, David (January 21, 2018). "Big changes for Oklahoma businesses, consumers when alcohol law takes effect Oct. 1". The Oklahoman. Retrieved July 9, 2018.
  3. 1 2 Section XXVIII-5
  4. ↑ OSCN Found Document:Sale to Unclothed or Partially Unclothed Person Prohibited
  5. ↑ Section XXVIII-6
  6. ↑ Section XXVIII-10
  7. ↑ OSCN Found Document:Hours During Which Sale Prohibited
  8. 1 2 OSCN Found Document:Unlawful Acts
  9. ↑ OSCN Found Document:Consumption or Inhaling of Intoxicants in Public Places
  10. ↑ Bond Schedule Archived 2012-10-14 at the Wayback Machine., Stillwater Police Department. (accessed October 9, 2013)
  11. ↑ Costs, okc.gov. (accessed October 9, 2013)
  12. ↑ United States Department of Transportation - Open Container Law Conformance
  13. ↑ OSCN Found Document:Persons Under the Influence of Alcohol or Other Intoxicating Substance or Combination Thereof
  14. ↑ OSCN Found Document:Cancellation or Denial of Driving Privileges for Certain Alcohol or Substance Abuse Offenses - Notification
  15. ↑ OSCN Found Document:Permitting Invitees Under 21 to Possess or Consume Alcohol or Controlled Dangerous Substances - Penalty
  16. ↑ OSCN Found Document:Procedure for Officers Stopping Persons for Violations Punishable as Misdemeanor - Minors
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