Is DUI a Felony in Oklahoma?
In the state of Oklahoma, driving under the influence (DUI) can be a serious offense with severe consequences. The punishment for a DUI conviction in Oklahoma can vary depending on the circumstances of the case and the individual’s criminal history. In this article, we will explore the answer to the question Is DUI a felony in Oklahoma? and examine the laws and penalties associated with DUI in Oklahoma.
Is DUI a Felony in Oklahoma?
Yes, a DUI can be a felony in Oklahoma under certain circumstances.
Oklahoma Statute:
Oklahoma law defines DUI as operating a vehicle while impaired to the slightest degree by the consumption of alcohol, marijuana, or other substances that affect the driver’s faculties. Oklahoma Statute (OS) 63, Section 2-303 defines a DUI as "operating a vehicle…while the person is impaired to the slightest degree."
Felony DUI Offenses:
According to OS 63, Section 2-308, a DUI can be classified as a felony if one of the following conditions is met:
• **Third or subsequent offense: If a person has previously been convicted of two or more DUI offenses within a 10-year period, the subsequent offense will be considered a felony.
• **Injury to another: If a DUI offense results in injury or death to another person, the offense will be upgraded to a felony.
• **Refusal to submit to chemical testing: If a person refuses to submit to chemical testing of their breath, blood, or urine, and is subsequently convicted of a DUI, the offense will be considered a felony.
• **Prior felony DUI conviction: If a person has a prior felony DUI conviction and is subsequently charged with another DUI, the offense will be considered a felony.
Consequences of a Felony DUI Conviction:
The consequences of a felony DUI conviction in Oklahoma can be severe and include:
- Imprisonment: Up to 5 years in prison for a third or subsequent felony DUI offense, or up to 10 years for an offense that results in injury or death to another.
- Fines: Up to $10,000 for a third or subsequent felony DUI offense, or up to $15,000 for an offense that results in injury or death to another.
- Loss of license: A mandatory 10-year revocation of the defendant’s driver’s license.
Non-Felony DUI Offenses:
If a DUI offense does not meet the criteria for a felony, it will be classified as a non-felony offense.
Consequences of a Non-Felony DUI Conviction:
The consequences of a non-felony DUI conviction in Oklahoma can include:
- Imprisonment: Up to 180 days in jail or work release.
- Fines: Up to $500.
- Probation: Up to 5 years.
- Loss of license: Up to 1-year suspension of the defendant’s driver’s license.
Charged with a DUI?
If you have been charged with a DUI in Oklahoma, it is important to consult with an experienced DUI attorney who can help you understand the laws and penalties associated with your charge. A DUI attorney can also help you build a defense strategy and navigate the legal process.
Common Defenses to DUI Charges:
Some common defenses to DUI charges include:
- Improper evidence collection: If the arresting officer did not properly follow procedure when collecting evidence, such as breathalyzing the driver, this may be grounds for challenging the evidence.
- Challenging the chemical testing: If the chemical testing used to determine the driver’s blood alcohol content (BAC) was improperly administered or inaccurate, this may be grounds for challenging the evidence.
- Lack of probable cause: If the arresting officer did not have probable cause to stop the vehicle and arrest the driver, this may be grounds for dismissing the charges.
Table: DUI Penalties in Oklahoma
| DUI Offense | Imprisonment | Fines | License Revocation |
|---|---|---|---|
| Non-Felony | Up to 180 days | Up to $500 | Up to 1 year |
| Third or Subsequent | Up to 5 years | Up to $10,000 | 10 years |
| Injury or Death | Up to 10 years | Up to $15,000 | 10 years |
Conclusion
In conclusion, a DUI can be a felony offense in Oklahoma under certain circumstances. It is important for individuals who have been charged with a DUI to consult with an experienced DUI attorney who can help them navigate the legal process and understand the laws and penalties associated with their charge. Remember, the consequences of a DUI conviction can be severe, so it is essential to take the charges seriously and take steps to protect your rights.
