Oklahoma DUI Jail Time

One of the first questions most people ask after they have been charged with DUI is, “Am I going to go to jail?” The answer is: it all depends on the type of charge, the facts of the case, and your attorney’s ability.

Even a first-offense misdemeanor DUI with no aggravating factors can render a jail sentence of anywhere from 10 days to one year. The minimum jail sentence increases upon a second and third DUI conviction. However, the Hunsucker Legal Group has a very successful rate of avoiding jail for our clients. Even if your case is not strong, there are usually other programs that can be explored to avoid incarceration.

Case Factors That Can Determine Jail Time

If you are charged with a second DUI within 10 years of the end of your sentence on a prior DUI or APC sentence, your charge could be automatically elevated to felony DUI, which carries a longer jail sentence than a misdemeanor. If you were involved in an accident in which another individual sustained injuries, you could be charged with a felony DUI with great bodily injury even if it is your first DUI offense. Felony DUI conviction carries potential jail time between one and 20 years, depending on the number of priors. If you were involved in an accident in which loss of life occurred, you could face a charge of manslaughter, which carries a sentence of up to life in prison.

Aggravated DUI

If your blood alcohol content was .15% or higher at the time of arrest or you have any of the other aggravating circumstances as outline on the Aggravated DUI page, then the charge will be a felony with mandatory jail time. A first offense requires a mandatory ten days that can be served at night or on weekends if the county allows it. A second Aggravated DUI conviction requires thirty days imprisonment with each subsequent conviction adding additional thirty days imprisonment. 

Other DUI penalties

In addition to jail time, a DUI conviction can have a host of other penalties, including fines and court fees, community service, probation, mandatory completion of DUI School, and potential revocation of your driver’s license. Many people do not realize that the state affords you just 30 days from receiving notice of license suspension from Service Oklahoma to request an administrative license hearing or IDAP. If you fail to request this hearing within the allotted 30 days, you will forfeit your chance to have a hearing and your license will be automatically revoked.

Having legal counsel on your side at the DPS hearing will greatly increase your odds of retaining your driving privileges. At the Hunsucker Legal Group, our DUI attorneys are well versed in these proceedings. However, it is CRITICAL that the license hearing is requested within 30 days of receiving Notice of Suspension from Service Oklahoma, we will be unable to fight for your driver’s license. If you contact our firm within the 30-day window, we can contact Service Oklahoma on your behalf to arrange the administrative hearing. However, if you miss your 30-day window, we can assist in obtaining modified driving privileges. If you took a blood test for the state’s test, the 30 days does not start running until the blood has been tested and you have been notified that you were over the legal limit.