Oklahoma Minor Alcohol Laws

Open bottles or broken alcoholic beverages must not be stored in an area of the vehicle accessible to the driver. [15] Accordingly, Oklahoma complies with the provisions of the Federal Transportation Justice Act for the 21st Century for the prohibition of open containers in vehicles. [19] The supply of liquor by licensed businesses (restaurants, grocery stores and liquor stores) is legal. As of June 2018, all 77 counties allowed alcohol in drinking. The last 14 counties that only allowed private bottled clubs, as well as taverns and restaurants, to sell only low-point beer (3.2% alcohol by weight) voted to get wet ahead of new laws that went into effect on Oct. 1 and eliminated low-point beer. Because off-site sales are allowed in all 77 counties, there are no dry counties in Oklahoma, as in neighboring Missouri and unlike its neighboring states of Kansas, Arkansas and Texas. Note: Although Oklahoma law generally does not prohibit the consumption of alcoholic beverages by minors, the state prohibits the consumption of „low-point beer” (defined as not exceeding 3.2% ABW) by persons under the age of twenty-one, unless they are under the direct supervision of a parent or guardian. This exemption does not allow persons under twenty-one years of age to consume such beverages in premises authorized to serve beer at low prices. Okla.

Stat. tit. 37, § 246 Landowners cannot legally allow a person under the age of 21 to consume alcohol on their property. The penalty for this crime is a fine of $2,500 to $5,000 and up to 5 years in prison. [22] 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 must have a blood alcohol level not exceeding 0.02%. Oklahoma law states that underage drinkers may be exposed to the loss of their driver`s license. It is a comprehensive criminal justice system that applies to anyone arrested and charged with underage drinking, not just those who drive while intoxicated. A minor drinker may have their driver`s licence suspended or revoked for up to 180 days as a mandatory penalty for purchasing, consuming or possessing alcohol. As in any other state in the United States, driving under the influence of alcohol is a crime in Oklahoma and is subject to various regulations. It is illegal to drive with a blood alcohol or breath level of 0.08% or more or under the influence of alcohol or other intoxicants. Oklahoma has a zero-tolerance policy for anyone under the age of 21.

The blood alcohol limit for such a person is 0.02%, and any alcohol content measurable by a breathalyzer test is an automatic withdrawal of a drunk driver`s license. This crime is punishable by a fine of up to $1,000 and imprisonment for up to 1 year after being assessed by a person certified by the Department of Mental Health and Addiction. [20] In the November 2016 general election, Oklahoma overwhelmingly passed State Question 792, the most comprehensive reform of Oklahoma`s liquor laws. The reform allowed grocery stores, convenience stores, pharmacies and other establishments to sell strong beer and wine, liquor stores to sell cold drinks as well as non-alcoholic products, and introduced a wholesale territorial franchise system that encouraged major national breweries and other craft breweries to start selling in Oklahoma for the first time in decades. Notes: Effective July 1, 2006, Oklahoma will provide retailers with a defense in criminal cases for supplying „low-point beer” (defined as all beverages containing more than 0.5% alcohol and no more than 3.2% alcohol). The defence takes the form of a rebuttable presumption that the retailer reasonably relied on proof of age if (1) the minor presented what a reasonable person would have confused with a driver`s licence or other government-issued photo identification that would purportedly prove that the person was 21 years of age or older; or (2) the retailer has confirmed the validity of the driver`s licence or other government-issued photo identification issued by the person using a transaction scanning device; and (3) whether the retailer took reasonable precautions to determine whether the physical description and image on the driver`s licence or other government-issued photo identification were those of the person presenting it. People who have been convicted of an alcohol-related crime or crime cannot obtain a licence to sell packaged alcohol. [13] Here are a handful of laws in Oklahoma regarding the consumption and possession of alcohol by people under the age of 21. While a handful of states allow alcohol consumption by people under the age of 18, the majority have exceptions to the rule. In many states, including Oklahoma, minors may be allowed to drink small amounts of alcohol under the direct supervision of a parent or guardian.

It is an administrative offence for persons under the age of 21 to give the impression that they are older to receive alcoholic beverages. [8] This crime is punishable by a fine of up to $300 and a maximum penalty of 30 days of community service. In addition, the driver`s license of the convicted person will be withdrawn for 6 months for the first offense, 1 year for the second offense and 2 years for all subsequent offenses, alternatively, they can have their driver`s license revoked for each offense at the discretion of the judge until they are 21 years old. When Oklahoma became a state in 1907, the state constitution included the prohibition of alcohol.[21] [3] In 1933, when the federal government repealed the 18th Amendment, Oklahoma did not ratify the new 21st Amendment and instead allowed the sale of beer containing no more than 3.2% alcohol by weight with the Oklahoma Beer Act of 1933. On April 7, 1959, the Legislative Assembly voted on Bill 825, which repealed prohibition and created the Alcohol Control Board. now known as the Alcohol Beverage Laws Enforcement (ABLE) Commission. [4] [5] Alcohol with an alcohol content greater than 3.2 Abw could only be sold by an approved retail packaging store at room temperature. Any establishment with a beer license could sell ABW beer at 3.2%, which is regulated by the Oklahoma ABLE Commission. If a minor is arrested and charged by an official with violating an alcohol law, a copy of the violation will be sent to the child`s legal guardian(s) within three days. [23] Among Oklahomans ages 12 to 20, 20 percent reported drinking alcohol in the past month. Among young adults aged 18 to 20, the number of drinkers rose to 40% last month. Most minors drink from college-aged teenagers, whether they attend university or not.

Alcohol may not be sold for consumption on premises between 2:00 a.m. and 7:00 a.m. or consumed in places approved for the sale of alcohol. This crime is punishable by a fine of up to $500 and imprisonment for up to 6 months. [14] In 1976, Oklahoma`s distribution laws, commonly referred to as reverse franchising or open wholesale system, prompted a local dealer to sue a large national brewery for rejecting an order, and responded that the brewery already had a reseller in the same territory. An Oklahoma Supreme Court judge issued an opinion ruling that the brewery violated Oklahoma`s distribution laws prohibiting franchising between traders. In response, most major national breweries stopped selling strong beer in Oklahoma in the late 1970s, selling only 3.2% Abw beer because it was not regulated by ABLE.