Felony Aggravated DUI Attorneys in Oklahoma

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This section deals with a new rewritten statute for Oklahoma.  The new law has several areas that can be challenged on interpretation as it is unclear in several areas.  We will be challenging cases where we feel the law is being misapplied due to different interpretations.  Our goal of OKDUI.com is to always be the most up to date on the correct laws but this statute will be shifting over the next several years as we challenge different misinterpretations and misapplications. Some areas like punishment ranges are very unclear so we have presented the information as interpretated.

On November 1,2025, Oklahoma drastically changed when a DUI charge may be filed as “aggravated.” Previously, if your breath or blood alcohol content was shown to be .15% or higher at the time of arrest, the DUI charge would be aggravated.  At that point, all it did was changed the punishment range but did not change a misdemeanor to a felony. After November 1, 2025, all aggravated DUIs are felonies. Additionally, the new statute added additional case scenarios that will cause a DUI to be aggravated.

These new aggravating conditions include:

• BAC of 0.15 or higher.
• Crash with injury, death, or $500+ in property damage (this includes single car crashes)
• Driving on the wrong side of the road.
• Not using a turn signal when changing lanes.
• Unsafe passing in the opposite direction.
• Crossing the center line.
• Failure to maintain lane or signal.
• Violating divided-highway rules.
• Attempting to flee from police.
• Speeding 20+ over, or 10+ over in a school zone.
• Passenger under 18.
• Reckless driving.

It is important to know that any one of these factors will cause a felony if you are charged with a DUI.  Aggravated DUI does not require a BAC of .15 or more and one of these aggravating conditions, each one stands on its own. 

Along with changing the definition of what an Aggravated DUI charge is, Oklahoma also changed the punishment range. 

The imprisonment time frames stay the same. A first time Aggravated DUI will follow the punishment range for a misdemeanor DUI which carries 10 days to one year imprisonment.  If you have other previous DUI charges, the punishment increases with each additional DUI conviction. Depending on prior DUI felony convictions, the charge can carry one to five years imprisonment, one to ten years imprisonment (one prior felony DUI conviction), or one to twenty years imprisonment (two prior felony DUI convictions).

Additionally, the new statute requires a mandatory 10 days in jail for any person convicted of Aggravated DUI.  These ten days may be served as nights or weekends if allowed by that county.  If second offense, the jail time increases to 30 days and each additional Aggravated DUI increases the mandatory jail time by 30 days.

However, if the charge is Aggravated DUI, you may receive additional penalties, including mandatory in-patient alcohol treatment for a minimum of 28 days, probation including one year of aftercare following release from the in-patient treatment facility, periodic testing, and alcohol monitoring during the probation period, mandatory installation of an ignition interlock device in your vehicle, and 480 hours of community service. 

It is important to note that these requirements are only mandated upon conviction.  Our skilled attorneys have been effective in either getting the charges reduced to a non-aggravated DUI or a deferred sentence which is not a conviction. No matter what your situation may be, our team at Hunsucker Legal Group is here to help.

Understanding the DUI Legal Process

Navigating through the DUI legal process can be complex and daunting, especially if it's your first encounter with the law. At Hunsucker Legal Group, we believe in empowering our clients with knowledge. Understanding the steps involved in a DUI case can help alleviate some of the stress and uncertainty you may be feeling.

The DUI legal process typically involves several key phases:

• Arrest and Booking: After a DUI arrest, you will be booked and your information will be recorded by law enforcement.
• Initial Court Appearance: This is often your first chance to speak with a judge and learn more about the charges against you.
• Pre-Trial Motions: There may be opportunities to contest evidence or negotiate plea deals during this phase.
• Trial: If your case proceeds to trial, our experienced attorneys will represent you vigorously in court.
• Post-Conviction Options: You may have the chance to appeal or seek alternatives to incarceration, depending on the outcome.

By familiarizing yourself with this process, you can approach your case with more confidence. Our team at Hunsucker Legal Group is dedicated to providing personalized guidance and support throughout each phase of your DUI case. If you have questions or need assistance, don’t hesitate to reach out to us.

Quality DUI Representation You Can Trust

DUI defense is a complicated area of law. Without experienced and trained legal representation, you risk a conviction that could result in serious and life-altering penalties. If you are facing DUI charges, Hunsucker Legal Group is here to help. Our Oklahoma 

Aggravated DUI attorneys defend hundreds of clients against alcohol-related charges every year and have an excellent record of obtaining the best possible outcomes in their cases.