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Alcohol laws of Oklahoma: Map

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Location of Oklahoma
Flag of the State of Oklahoma


The alcohol laws of Oklahomamarker comprehensively limit and regulate the sale of alcohol in Oklahoma. Much like its neighboring state of Kansasmarker (see Alcohol laws of Kansas), Oklahoma's approach to alcohol is quite strict.

Any beverage containing more than 3.2% alcohol by weight or 4% alcohol by volume, that is, most liquors, wines, and typical beer, may only be sold in licensed liquor stores at room temperature . Due to this refrigeration ban, many smaller breweries such as the Spoetzl brewerymarker and New Belgiummarker will limit or not sell their products in Oklahoma, despite passing through the state to deliver to neighboring states.

To circumvent the alcohol content restrictions, beer distributors in Oklahoma primarily sell low-point beer. This allows the beer to be sold not only in convenience stores and supermarkets, but in refrigerated form. The law defines low-point beer as any beverage containing between 0.5% and 3.2% alcohol by weight.

Minor 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. 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.

Off-premises

It is illegal to sell packaged liquor (off-premises sales) on Sundays. Sales also are prohibited on Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Low-point 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.

On-premises

In Oklahoma, each county decides for itself whether it will permit the sale of alcohol by the glass. 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.

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.

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 $150 and between 5 and 30 days of imprisonment.. Public consumption of Low-alcohol beer in Norman on the day of University of Oklahoma football games is permitted in the area around the stadium . Consumption of hard liquor or consumption in other parts of the city is still obstinately forbidden, although not often enforced (on game days) in practice.

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. As a result, Oklahoma meets the provisions of the federal Transportation Equity Act for the 21st Century for prohibitions of open containers in vehicles.

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 0.00%, 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.

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. 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. 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.

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.

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.

References

  1. 37 Oklahoma Statutes § 534.
  2. 37 Oklahoma Statutes § 163.2.
  3. Section XXVIII-5
  4. OSCN Found Document:Sale to Unclothed or Partially Unclothed Person Prohibited
  5. Section XXVIII-6
  6. OSCN Found Document:Low-Point Beer Sale for Off-Premises Consumption
  7. Section XXVIII-10
  8. OSCN Found Document:Hours During Which Sale Prohibited
  9. OSCN Found Document:Unlawful Acts
  10. OSCN Found Document:Consumption or Inhaling of Intoxicants in Public Places
  11. United States Department of Transportation - Open Container Law Conformance
  12. OSCN Found Document:Persons Under the Influence of Alcohol or Other Intoxicating Substance or Combination Thereof
  13. OSCN Found Document:Consumption by Person Under Twenty-One (21) in a Public Place
  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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