The penalties associated with DUI in Oklahoma depend on many factors, including any prior driving under the influence or actual physical control (APC) offenses you may have on your record.
For example, the penalties for a first-time DUI—which is typically considered a misdemeanor offense—include a fine of up to $1,000 and a jail sentence of up to one year.
However, if you are charged with a second DUI within 10 years of the end of the sentence (probation or incarceration) of the first, the charge may be elevated to a felony. This 10-year period within which prior DUI charges are considered is referred to as the lookback period.
Charges that occurred within the lookback period must meet certain criteria before being considered in your current DUI case. These criteria include:
- The prior charge or charges must have been for DUI or APC; this means that previous DWI charges have no impact on current DWI, DUI or APC charges.
- If the sentence on the prior charge was before November 1, 2011, the prior charge must have resulted in a conviction. (Deferred sentences are not a conviction). After November 1, 2011, any prior deferred sentence or conviction for DUI or APC from a court of record may be used to enhance the new charge to a felony.
- The prior charge or charges must have been heard in a court of record. In Oklahoma, the only courts of record are the County District Courts (State Court) and the Oklahoma City and Tulsa Municipal Courts. All other Oklahoma Municipal courts are not courts of records and cannot be used to enhance a DUI charge to a felony offense
- DUI and APC convictions from other states can be used to enhance to a felony if they meet the same requirements as far as court of record and time frame.
Enhanced Felony DUI Penalties
If you have a prior DUI charge, second and subsequent charges that occur within the 10-year lookback period can be prosecuted as felonies. The potential penalties for these charges are as follows:
- First felony DUI—jail sentence between one and five years, up to $2,500 fine
- Second felony DUI—jail sentence between one and 10 years, up to $5,000 fine
- Third and subsequent felony DUI—jail sentence between one and 20 years, up to $5,000 fine
In addition to the above penalties, there are other possible requirements of alcohol/substance abuse treatment, ignition interlock installation, and community service.
Defending DUI Charges
It is important to remember that every case is unique. The prior offense is an element of the crime and thus, the state must prove the charge before they can enhance to a felony.
Our in-house investigator will obtain copies of the paperwork from the previous case to see if there are ways to attack the prior offense and, if so, your charge could be reduced to a misdemeanor.
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