Is a DUI a Felony in Oklahoma?
DUI, or driving under the influence, is a serious crime in the United States, with different punishments and classification in various states. In Oklahoma, understanding the classification and punishment for a DUI charge can help you prepare and respond appropriately.
Is a DUI a Felony in Oklahoma?
No, in most cases, a DUI (or driving under the influence) in Oklahoma is considered a misdemeanor. Oklahoma Code Section 12-815 outlines the classification and punishments for DUI in the state.
When Does a DUI Become a Felony?
A DUI may be classified as a felony under specific circumstances in Oklahoma. Here are the possible scenarios:
- Three or more DUI offenses: If an individual is found guilty of their fourth DUI charge within a period of ten years, the court will have no option but to categorize the DUI as a felony.
- Felony drug DUI: In the presence of certain aggravating circumstances, such as reckless disregard for human life or physical harm caused by a subsequent collision, the prosecutor can elevate a standard DUI to a felony offense.
| Scenarios | Misdemeanor or Felony |
| Fourth or more DUI offense | Felon
| Presence of extreme reckless behavior | Misdemean
How Long Will You Have to Spend in Prison for a DUI?
Sentences for a felony DUI can range from probation, or house arrest, to substantial time behind bars.
Felonies for the Third and subsequent offenses: Typically, first offenders (3+ times convicted for DUI within the same timeframe) may serve prison terms between sixty-one and ten years (plus additional costs of restitution and mandatory probation.
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