|
|
|
|
- Oklahoma -
Underage Drinking: Underage Consumption of Alcohol
|
Consumption is not explicitly prohibited. Notes: Although Oklahoma law contains no prohibition against underage consumption of alcoholic beverages generally, the state does prohibit consumption of "low-point beer" (defined as containing not more than 3.2 percent ABW) by persons under twenty-one unless under the direct supervision of a parent or guardian. This exception does not allow persons under twenty-one to consume such beverages on premises licensed to dispense low-point beer. Okla. Stat. tit. 37, § 246.
|
Explanatory Notes and Limitations
Comparison Map
Legal Citations
|
Underage Drinking: False Identification for Obtaining Alcohol
|
Provision(s) targeting minors:
- Use of a false ID to obtain alcohol is a criminal offense
- Penalty may include driver's license suspension through a judicial procedure
Provision(s) targeting retailers:
- Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
- No statutory affirmative defense - statutes do not provide an affirmative defense related to retailer's belief that the minor was 21 years of age or older
Notes: Beginning July 1, 2006, Oklahoma provides retailers a defense in criminal prosecutions for furnishing minors with "low-point beer" (defined as all beverages containing more than 0.5% alcohol by volume and not more than 3.2% alcohol by weight). The defense takes the form of a rebuttable presumption that the retailer reasonably relied upon proof of age if (1) the minor presented what a reasonable person would have believed was a driver license or other government-issued photo identification purporting to establish that the individual was 21 years of age or older; or (2) the retailer confirmed the validity of the driver license or other government-issued photo identification presented by the individual by using a transaction scan device; and (3) if the retailer exercised reasonable diligence to determine whether the physical description and picture on the driver license or other
government-issued photo identification was that of the individual who
presented it.
|
Explanatory Notes and Limitations
Comparison Map
Legal Citations
|
Retail Sales: Keg Registration
|
Keg definition: not less than 4 gallons
Prohibited:
-
destroying the label on a keg
- max. fine/jail: $500 / 6 months
Purchaser information collected:
purchaser's name and address
verified by a government-issued ID
Warning information to purchaser:
passive – no purchaser action required
Deposit: not required
Provisions do not specifically address disposable kegs
|
Explanatory Notes and Limitations
Comparison Map
Legal Citations
|
Underage Drinking: Use/Lose: Driving Privileges
|
Type(s) of violation leading to driver's license suspension, revocation, or denial:
Use/lose penalties apply to minors under age 18
Authority to impose driver's license sanction
Length of suspension/revocation:
180 days
Notes: In Oklahoma, the denial of driving privileges is a consequence imposed on those under 18 years who have possessed an intoxicating beverage or purchased, possessed, or consumed low-point beer (defined as containing not more than 3.2 percent ABW). Between July 1, 2006 and October 31, 2010, the law required the court to order the Department of Public Safety to cancel or deny driving privileges for a period of 6 months for a first offense from the date of the offense or from the date the person reaches 16 years, whichever period of time is longer. In addition, the court has the discretion to impose a longer cancellation or denial period which can extend to the offender’s 21st birthday. After November 1, 2010, the legislature did not change the 6 month mandatory period and the provision regarding the court’s discretion to impose a longer penalty but revised the law’s application to those under 16 years of age. It no longer requires the court to begin the 6 month mandatory cancellation or denial period upon the 16th birthday. It instead requires that the period be extended to the offender’s 16th birthday if the period would otherwise end before that date.
|
Explanatory Notes and Limitations
Comparison Map
Legal Citations
|
|