Alcohol laws of Oklahoma
The alcohol laws of Oklahoma comprehensively limit and regulate the sale of alcohol in Oklahoma. Much like its neighboring state of Kansas (see Alcohol laws of Kansas), Oklahoma's approach to alcohol is quite strict.
Oklahoma defines low-point beer as any beverage containing between 0.5% and 3.2% alcohol by weight.[1] Any beverage containing more alcohol than this may only be sold in licensed liquor stores, and also must be sold at room temperature.[2] Minors under the age of 21 are not permitted to possess, purchase, consume alcoholic beverages under any circumstances. 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] Alcoholic beverages also may not be sold to unclothed persons or persons with exposed private parts. 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 or on the day of any national, state, county, or municipal election (including primary elections) during the hours the polls are open. Sales also are prohibited on Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.[5] Low-point beer for consumption off-premises may not be sold between 2:00 a.m. and 6:00 a.m.[6]
People who have been convicted of a felony or any alcohol-related crime may not obtain a license to sell packaged alcohol.[7]
On-premises
In Oklahoma, each county decides for itself whether it will permit the sale of alcohol by the glass.[8] Low-point beer 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.[9]
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.[10]
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.[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.[12] As a result, Oklahoma meets the provisions of the federal Transportation Equity Act for the 21st Century for prohibitions of open containers in vehicles.[13]
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. 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.[14]
Minors, adults under age 21, and alcohol in Oklahoma
It is illegal for persons under 21 years of age to handle with intent to attempt to purchase low-point beer or consume alcohol without parental consent.[15] 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.[16] Punishment for either of these crimes is a fine of up to $300 and up to 30 days of community service. Furthermore, the driver license of the convicted individual will be revoked for 6 months for the first offense, 1 year for the second offense, and 3 years for all subsequent offenses.[17]
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.[18]
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.[19]
See also
- Alcohol laws of the United States by state
- Alcohol laws of Kansas
- Alcohol laws of Missouri
- Alcohol laws of North Carolina
- Alcohol laws of New York
External links
This article is not an exhaustive explanation of Oklahoma law by any means. For a more complete understanding the alcohol laws of Oklahoma, see:
- Oklahoma statutes: Title 37. Intoxicating Liquors
- Oklahoma constitution: Article XXVIII: ALCOHOLIC BEVERAGE LAWS AND ENFORCEMENT
References
- ^ 37 Oklahoma Statutes § 163.2.
- ^ 37 Oklahoma Statutes § 534.
- ^ Section XXVIII-5
- ^ OSCN Found Document:Sale to Unclothed or Partially Unclothed Person Prohibited
- ^ Section XXVIII-6
- ^ OSCN Found Document:Low-Point Beer Sale for Off-Premises Consumption
- ^ Section XXVIII-10
- ^ Section XXVIII-6
- ^ OSCN Found Document:Hours During Which Sale Prohibited
- ^ OSCN Found Document:Unlawful Acts
- ^ OSCN Found Document:Consumption or Inhaling of Intoxicants in Public Places
- ^ OSCN Found Document:Unlawful Acts
- ^ United States Department of Transportation - Open Container Law Conformance
- ^ OSCN Found Document:Persons Under the Influence of Alcohol or Other Intoxicating Substance or Combination Thereof
- ^ OSCN Found Document:Consumption by Person Under Twenty-One (21) in a Public Place
- ^ Section XXVIII-5
- ^ OSCN Found Document:Cancellation or Denial of Driving Privileges for Certain Alcohol or Substance Abuse Offenses - Notification
- ^ OSCN Found Document:Permitting Invitees Under 21 to Possess or Consume Alcohol or Controlled Dangerous Substances - Penalty
- ^ OSCN Found Document:Procedure for Officers Stopping Persons for Violations Punishable as Misdemeanor - Minors