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:
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:
In addition to the above penalties, there are other possible requirements of alcohol/substance abuse treatment, ignition interlock installation, and community service.
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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