Alcohol laws of Oklahoma
Encyclopedia
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
comprehensively limit and regulate the sale of alcohol in Oklahoma. Much like its neighboring state of Kansas
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
(see Alcohol laws of Kansas
Alcohol laws of Kansas
The alcohol laws of Kansas are among the strictest in the United States, in sharp contrast to its neighboring state of Missouri , and similar to its other neighboring state of Oklahoma...
), 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 brewery
Spoetzl Brewery
Spoetzl Brewery is a brewery located in Shiner, Texas, USA. Also known as the "little brewery in Shiner", the brewery produces Shiner Bock, a dark beer that is now distributed in 41 states. The brewery is owned by The Gambrinus Company.-History:...
and New Belgium
New Belgium Brewing Company
New Belgium Brewing Company is a regional brewery located in Fort Collins, Colorado. It opened in 1991 after Jeff Lebesch, the brewery's founder, took his home-brewing passion commercial. In 2009, it produced over 582,000 barrels of its various labels...
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
Alcohol
In chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms....
by weight.
Minor
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
s 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 felonyFelony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
to provide alcoholic beverages to the "mentally deficient
Intellectual disability
Intellectual disability is a broad concept encompassing various intellectual deficits, including mental retardation , deficits too mild to properly qualify as MR, various specific conditions , and problems acquired later in life through acquired brain injuries or neurodegenerative diseases like...
," the intoxicated, and persons under 21 years of age. Alcoholic beverages also may not be sold where unclothed persons or persons with exposed private parts are present on the same premises. 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 DayMemorial Day
Memorial Day is a United States federal holiday observed on the last Monday of May. Formerly known as Decoration Day, it originated after the American Civil War to commemorate the fallen Union soldiers of the Civil War...
, Independence Day
Independence Day (United States)
Independence Day, commonly known as the Fourth of July, is a federal holiday in the United States commemorating the adoption of the Declaration of Independence on July 4, 1776, declaring independence from the Kingdom of Great Britain...
, Labor Day, Thanksgiving Day
Thanksgiving (United States)
Thanksgiving, or Thanksgiving Day, is a holiday celebrated in the United States on the fourth Thursday in November. It has officially been an annual tradition since 1863, when, during the Civil War, President Abraham Lincoln proclaimed a national day of thanksgiving to be celebrated on Thursday,...
, and Christmas Day. Low-point beer for consumption off-premises may not be sold between 2:00 a.m. and 10:00 a.m.
People who have been convicted of a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
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.
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 placePublic intoxication
Public intoxication, also known as "drunk and disorderly", is a summary offense in many countries rated to public cases or displays of drunkenness...
. These crimes are punishable by a fine of between $10 and $150 and between 5 and 30 days of imprisonment.
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 CenturyOpen container law
In the United States, open container laws prohibit the existence of open containers of alcohol in certain areas. Typically these laws concern public places, such as parks, and vehicles. Open container laws are state laws, rather than federal laws; thus they vary from state to state.-Open containers...
for prohibitions of open containers in vehicles.
DUI
Like every other state in the United States, driving under the influenceDriving under the influence
Driving under the influence is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit...
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
Oklahoma Department of Mental Health and Substance Abuse Services
The Oklahoma Department of Mental Health and Substance Abuse Services is an agency of the Government of Oklahoma responsible for providing public health services relating to mental illness and substance abuse...
.
Minors, adults under age 21, and alcohol in Oklahoma
It is a misdemeanorMisdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
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.