Drunk driving accidents are a severe problem in Oklahoma, and state lawmakers have responded to the issue by implementing a new law making it easier for prosecutors to charge impaired drivers with felony DUI. If you face a DUI charge in Oklahoma, knowing what the new law says is crucial for avoiding the worst outcomes in your situation.
The New Oklahoma DUI Law
The changes to Oklahoma’s DUI laws occurred as a result of lawmakers passing Senate Bill 54. Senate Bill 54 expanded the situations that allow a felony DUI charge, even for a first offense. Specifically, the law expands the criteria for prosecutors to classify an offense as an aggravated DUI, which is a felony instead of a misdemeanor.
Under the terms of SB 54, prosecutors may file a felony aggravated DUI charge if the incident involves a crash, a minor passenger, or an attempt to flee police. Aggravated DUI charges might also apply if a driver acts recklessly, significantly exceeds posted speed limits, or commits another major traffic violation. A blood alcohol concentration of 0.15 percent or higher can also trigger “aggravated” status.
Additionally, SB 54 adds mandatory jail time for aggravated DUI convictions and limits judges’ ability to sentence someone to probation instead of incarceration. All told, these changes significantly raise the stakes of a DUI arrest.
Penalties for Aggravated DUI in Oklahoma
With SB 54 now in effect, the penalties for drivers convicted of aggravated DUI in Oklahoma include:
- Felony conviction: An aggravated DUI conviction counts as a felony under Oklahoma law and creates a permanent criminal record.
- Mandatory jail time: A first aggravated DUI requires at least 10 days in jail. A second offense requires a minimum of 30 days, and later convictions add more required jail time.
- Limited sentencing flexibility: Judges must impose the mandatory jail portion and cannot replace that time with probation or a deferred sentence.
- Fines and court costs: The court may impose substantial fines—up to $10,000 in some cases—along with standard DUI-related fees and expenses.
- Supervision and testing: The sentence for an aggravated DUI must include at least one year of supervision with ongoing alcohol or drug testing at your expense.
- Ignition interlock requirement: Aggravated DUI convictions require you to install an ignition interlock device for a minimum of 180 days. These devices typically require you to blow into them and prove you’re sober before you can start your car, and you must pay the installation and maintenance costs.
What to Do if You Face Aggravated DUI Charges in Norman, OK
Given the severe penalties for a felony DUI charge in Oklahoma, you must protect yourself after an arrest. Here’s what to do if the police arrest you on suspicion of aggravated DUI:
- Use your right to remain silent: Decline to answer questions beyond providing your basic identification.
- Stay calm: Follow instructions, avoid arguments, and refrain from providing extra information during the stop.
- Document what happened: As soon as possible, write down any details you remember about the initial traffic stop, DUI tests you took, and statements the police made.
- Speak with a felony DUI lawyer: Your attorney can review the charge, explain your options, and plan next steps.
Contact Our Norman, OK, DUI Defense Law Firm
At Talley, Turner, Stice & Bertman, we stay current with the latest legal developments and thoroughly understand how SB 54 has changed felony DUI cases. We can help you develop a robust defense by challenging the initial traffic stop, questioning the results of DUI tests, negotiating with the police and prosecutors on your behalf, and preparing you for trial if necessary. Acting quickly is crucial for avoiding the worst outcomes in these cases, so call now or complete our online contact form for a consultation.