Is a DUI in Oklahoma a Felony?
Oklahoma’s laws regarding driving under the influence (DUI) are strict, and the consequences of a DUI conviction can be severe. One of the most important questions for individuals facing a DUI charge is whether it is a felony or a misdemeanor. In this article, we will explore the answer to this question and provide an in-depth look at Oklahoma’s DUI laws.
Direct Answer:
A first-time DUI offense in Oklahoma is typically a misdemeanor. However, subsequent offenses can be upgraded to a felony. According to Oklahoma Statute Title 47, Section 11-902, a person who operates a vehicle while under the influence of alcohol or drugs can be charged with a misdemeanor if it is their first offense. The penalty for a first-time misdemeanor DUI in Oklahoma includes:
- Up to one year in jail
- A fine of up to $1,000
- A 30-day license suspension
- Mandatory installation of an ignition interlock device (IID) for 180 days
However, if an individual has a prior DUI conviction, subsequent offenses can be upgraded to a felony. A second or subsequent DUI offense within a 10-year period can be charged as a felony, punishable by:
- Up to 10 years in prison
- A fine of up to $5,000
- A 5-year license revocation
- Mandatory installation of an IID for 2 years
What Constitutes a Felony DUI in Oklahoma?
A felony DUI in Oklahoma is typically considered a serious offense that occurs when an individual has a prior DUI conviction and is arrested for a subsequent DUI offense. The following situations can lead to a felony DUI charge:
- A second or subsequent DUI offense within a 10-year period
- A DUI offense that results in great bodily harm or death to another person
- A DUI offense that occurs within 5 years of a prior felony DUI conviction
Penalties for Felony DUI in Oklahoma
The penalties for a felony DUI in Oklahoma are severe and can include:
- Up to 10 years in prison
- A fine of up to $5,000
- A 5-year license revocation
- Mandatory installation of an IID for 2 years
- Mandatory participation in a drug treatment program
- Mandatory community service
How a Felony DUI Affects Your Life
A felony DUI conviction can have significant consequences on an individual’s life, including:
- Criminal Record: A felony DUI conviction will result in a criminal record, which can affect future employment, education, and housing opportunities.
- License Revocation: A 5-year license revocation means that an individual will not be able to drive legally for 5 years, which can make it difficult to get to work, school, or other important destinations.
- Financial Consequences: The fines and penalties associated with a felony DUI conviction can be significant, and can put a strain on an individual’s finances.
- Loss of Civil Rights: A felony DUI conviction can result in the loss of certain civil rights, such as the right to vote or own a firearm.
What to Do if You’re Charged with a Felony DUI in Oklahoma
If you’re charged with a felony DUI in Oklahoma, it’s essential to take immediate action to protect your rights. Here are some steps you can take:
- Seek Legal Representation: It’s crucial to hire an experienced DUI attorney who has knowledge of Oklahoma’s laws and procedures. A skilled attorney can help you navigate the legal system and work to reduce the severity of the charges.
- Cooperate with the Police: It’s essential to cooperate with the police and provide any requested information. However, do not provide any statements or answers that could be used against you in court.
- Understand the Charges: Make sure you understand the charges against you and the potential penalties. Your attorney can help you understand the charges and develop a strategy for your case.
- Attend Court Hearings: Attend all court hearings and follow any instructions provided by your attorney.
Conclusion
In conclusion, a DUI in Oklahoma can be a felony offense, especially if it’s a second or subsequent offense within a 10-year period. The penalties for a felony DUI in Oklahoma are severe and can include up to 10 years in prison, a fine of up to $5,000, and a 5-year license revocation. If you’re charged with a felony DUI in Oklahoma, it’s essential to take immediate action to protect your rights and seek legal representation.
Table: DUI Offenses in Oklahoma
| Offense | Penalty |
|---|---|
| Misdemeanor DUI (First Offense) | Up to 1 year in jail, fine of up to $1,000, 30-day license suspension, IID installation for 180 days |
| Misdemeanor DUI (Second Offense) | Up to 1 year in jail, fine of up to $1,000, 30-day license suspension, IID installation for 1 year |
| Felony DUI (Second or Subsequent Offense within 10 years) | Up to 10 years in prison, fine of up to $5,000, 5-year license revocation, IID installation for 2 years |
Bullets:
• A first-time DUI offense in Oklahoma is typically a misdemeanor.
• Subsequent DUI offenses can be upgraded to a felony.
• A second or subsequent DUI offense within a 10-year period can be charged as a felony.
• A felony DUI conviction can result in up to 10 years in prison and a fine of up to $5,000.
• A felony DUI conviction can also result in a 5-year license revocation and mandatory IID installation for 2 years.
• It’s essential to seek legal representation if you’re charged with a felony DUI in Oklahoma.
