DUI felony in Oklahoma is charged only after certain legal requirements are met. In Oklahoma, a large number of DUI cases are prosecuted as a misdemeanor. Although a misdemeanor is still a criminal offense that must not be taken lightly, you could sometimes face a more serious charge of a felony DUI if more aggravating circumstances were present at the time of your arrest. In either event the proof needed by the State to prove a felony DUI is the same as it is for a misdemeanor.
Situations When You Could Be Charged with a Felony DUI
A first DUI offense in Oklahoma will usually lead to misdemeanor charges. A misdemeanor DUI carries a much lighter range of sentencing. It also carries far fewer costs like fines and costs. However, you could be charged with a felony DUI in the following four situations:
It is your second DUI charge within 10 years, the second DUI could become a felony DUI.
If it is your third or subsequent DUI offense, you may be charged with a felony DUI.
While while driving under the influence, you caused a significant physical injury or death of another individual, your offense may be classified as a felony DUI. Fines costs and victim restitution will also be enhanced with an injury or property damage.
· If at the time of your DUI offense, a child was present in your vehicle, you could face a felony DUI charge.
Multiple DUIs are the Most Common Way to Receive a Felony DUI
The most common way in Oklahoma for drivers to be charged with a felony DUI is when they are convicted of multiple DUIs. The convictions can be from Oklahoma or any other State. The state laws are relatively more severe in Oklahoma. This is because here just second DUI offense within a 10-year period could become a felony. It really doesn’t matter if your prior case plead to a deferred or suspended sentence. In several other states, drivers can escape a felony charge even if they have three or even more DUI convictions. But, as mentioned, Oklahoma is very aggressive about prosecuting and punishing drunk driving cases. Also, Oklahoma is notorious for charging ridiculously high fines and costs.
Child Endangerment is Viewed with Extreme Seriousness
The courts in Oklahoma view driving under the influence while having a child passenger in the vehicle as an act of extreme negligence. If convicted of this offense, you could be staring at a jail time of up to five years, no matter if it was your first DUI offense. In fact, a co-passenger parent could also be criminally charged if they had prior knowledge or should have known of their spouse’s intoxication while driving with a minor passenger. Over the years I’ve witnessed DHS intervene in DUI cases where there s a child in the car. DHS sometimes refers the case and seeks termination or therapeutic foster placement. Another potential issue with DUI when a child is present, is in child custody cases. If you’ve got DUI child endangerment and you’re facing a custody case your custody case will be adversely impacted.
Manslaughter is the Most Serious DUI Charge
The offense of manslaughter as a felony is probably the most serious DUI charge that you could face if your DUI accident resulted in another person’s death. Penalties for this conviction could include up to life imprisonment and substantial fines. A longer jail time may be imposed if you had previous DUI convictions in this case. In my experience defending drunk driving charges, if someone dies and you’re drunk the prosecutor will be asking for jail time. This kind of case always comes down to a jury trial or a bling plea in-front of the Judge. Or some other hard negotiation with the prosecutor’s office is always involved in this kind of DUI.
Penalties for DUI Felony in Oklahoma
Compared to a misdemeanor DUI, the penalties for an Oklahoma felony DUI are likely to be far more severe. A first felony DUI offense could result in jail time of one to five years and up to
$2,500 in fine. For each subsequent DUI, the penalties are likely to be harsher. These may include:
Driver’s license suspension for at least three years depending on how many DUIs you’ve had.
Jail time of one to 20 years
Fine of up to $5,000 as well as victims compensation, court costs and D.A. supervision fees.
Community service with the number of hours depending on many factors
· Mandatory treatment for drug/alcohol use
Ignition interlock device in your vehicle for up to 8 years but how many years is determined by the number of prior drunk driving convictions.
Get a Seasoned Oklahoma DUI Attorney on Your Side
The legal consequences of a DUI conviction can be life-altering. If you have been arrested in Oklahoma for a DUI offense, you need the best possible legal team to protect your rights. Talk to our DUI attorneys at Tulsa Criminal Lawyers Law Firm. We offer free consultations 918.416-0358