Underage Drinking

Oklahoma

The policy topics, below, address statues and regulations related to underage drinking and access to alcohol.

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • private location

Notes:
In Oklahoma, persons under twenty-one may possess with intent to consume low-point beer (defined as beer or malt beverages not more than 3.2 percent ABW) if under the direct supervision of their parent or guardian. Okla. Stat. tit. 37, § 246.

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.

Internal possession is not explicitly prohibited.

Purchase is prohibited, but youth MAY PURCHASE for law enforcement purposes.

Notes:
In Oklahoma, persons under twenty-one may purchase or attempt to purchase low-point beer (defined as beer or malt beverages not more than 3.2 percent ABW) if under the direct supervision of their parent or guardian. Okla. Stat. tit. 37, § 246.

  • Beer: 18 for servers and 21 for bartenders
  • Wine: 18 for servers and 21 for bartenders
  • Spirits: 18 for servers and 21 for bartenders

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • No driver's license suspension 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.

BAC limit: 0.00 - any detectable alcohol in the blood is per se (conclusive) evidence of a violation.

Applies to drivers under age 21.

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

Type(s) of violation leading to driver's license suspension, revocation, or denial:

  • Underage possession

Use/lose penalties apply to minors under age 18

Authority to impose driver's license sanction

  • mandatory

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.

Social host law is not specifically limited to underage drinking parties.

Action by underage guest that triggers violation: Possession Consumption

Property type(s) covered by liability law:

  • Residence
  • Outdoor
  • Other

Standard for hosts' knowledge or action regarding the party: KNOWLEDGE - host must have actual knowledge of the occurrence

Exception(s):

  • Resident