A conviction for driving under the influence of alcohol, commonly referred to as DUI or DWI, carries serious penalties in Oklahoma. The main statutes that spell out exactly what constitutes a DUI offense and how it will be punished appear in Oklahoma Statutes §47-11-902.
The law defines any person as driving under the influence of alcohol if that person has a blood or breath alcohol concentration level of .08% according to a test performed within two hours of being arrested on suspicion of driving while intoxicated. Or someone who is deemed to be driving under the influence without a test but is driving in an unsafe manner and shows signs of intoxication.
What most people don’t realize, however, is that being charged with DUI is not a simple blanket charge that gets applied to anyone found to be driving with too much alcohol in their system. Some DUI charges will be considered misdemeanors while others will be considered felonies, and the various charges that can be brought against someone for DUI have sentences that can vary significantly.
When Is a DUI Charge A Felony In Oklahoma?
There are several different situations that will automatically result in a felony DUI charge.
Second Or Subsequent Conviction
A conviction for a DUI charge, including if you’ve previously pleaded guilty to such a charge, is held against you for a period of ten years. If you receive a second DUI charge within that period and are convicted, it will be a felony conviction and come with much tougher penalties.
If within the ten years following the second conviction, you are charged and convicted again, it will also be a felony DUI charge under Oklahoma law.
Conviction For A Second DUI Felony Offense In Oklahoma
If you are convicted of a felony DUI as a result of it being the second conviction within ten years, you will face harsher penalties. You can also end up facing additional charges if you have a minor in the car or cause bodily harm to anyone else. Those penalties can include any or all of the following:
- Jail time from one to five years
- A fine of up to $2,500
- Up to 240 hours of community service
- Mandatory participation in an evaluation and assessment program
Conviction For A Third Or Subsequent Felony DUI Offense In Oklahoma
A third conviction for driving under the influence of alcohol in Oklahoma will also be treated as a felony and penalties will again be harsher. They can include:
- One year of supervision and periodic testing
- 480 hours of community service
- Mandatory use of an ignition interlock device
- One to 20 years in jail
- A fine of up to $5,000
- Mandatory participation in an evaluation and assessment program
Felony DUI Following A Conviction For DUI That Caused Death
There are also special additional penalties for anyone with a previous conviction of a violation of murder in the second degree or manslaughter in the first degree in which the death was caused as a result of driving under the influence of alcohol or other intoxicating substance.
In these cases, penalties are the most severe and can include a prison sentence of five to 20 years, a fine of up to $10,000, and penalties that were already listed above.
Speak With A Qualified Oklahoma City DUI Defense Attorney
As you can plainly see, any type of DUI conviction can have harsh and long-lasting effects on your life. These types of charges are not something to be taken lightly and you should never try to handle them on your own.
We understand the tools, tactics, and evidence that will be used to try to convict you. We can put my experience to work for you and make sure that your rights are protected and that you get the best possible outcome for your case.
If you’re facing any type of DUI charge in Oklahoma City or the surrounding areas, you can contact us online anytime or call (405) 250-6769 to schedule an appointment to talk with a felony attorney. Your initial consultation is free and confidential. We’ll be happy to go over the details of your case and discuss exactly what we can do to help you.