DUI crimes in Oklahoma are charged as either felony or misdemeanor offenses. In terms of the number of cases most DUI cases are misdemeanors. In terms of the severity of punishment a DUI felony in Oklahoma carries a much more severe sentence. Whether a DUI is charged as a felony or misdemeanor is very specific and is set out by Oklahoma criminal statutes. Basically the number of times a persons been convicted of DUI and the severity of the DUI determine how its charged.
Felony DUI Crimes in Oklahoma
A second DUI, if it’s within ten years since the last DUI, is a felony. Some people are confused when the period begins and when it ends. For the purpose of sentence enhancement the 10 year period begins to run the day the sentence is complete. So this means that if you got a misdemeanor DUI and received a six month deferred sentence the ten year period rune from the date your probation ended.
DUI With a Child in The Car
If you get a DUI and you have a child in the car it will be charged as a felony. You may also face a charge of child endangerment and have DHS knocking on your door claiming that you’re a danger to the kids. It’s also a felony if you are found to be in actual physical control of the vehicle and the kids are inside the car.
DUI With Serious Bodily Injury
If you’re in an accident and the other driver is hurt the DUI is charged a felony. The real question is going to be is the injury a serious injury or just a simple minor injury. Either way, if there’s an injury my experience is the District attorneys in Oklahoma will at least initially charge it as a felony.
DUI Third or More
A third and any subsequent DUI cases are charged as felonies. This is kind of common sense but is also nuanced. The key on this one is checking the ten year dates from each DUI making sure that they don’t violate the ten year rule when charging you with either a felony or misdemeanor.
Oklahoma DUI Lawyers in Tulsa
If you’ve been charged with either a felony or misdemeanor DUI in Tulsa you need a criminal attorney in your corner. A DUI cause all kids of problems and requires powerful attorneys on your side. From probation to potential jail time and the suspension of your drivers license there’s lots to think about. Call us today and get a Free consultation with one of our criminal defense attorneys