The punishments for a second DUI in Oklahoma are set forth in Title 47, section 11-902 of the state’s statutes. These rules delineate the punishments that can be imposed by the court and the state’s department of motor vehicles. It also allows courts to review the last 10 years of an offender’s driving record.
The Look Back Period
A look back period is the length of time of an offender’s driving record that a court can review. Oklahoma statutes allow the court to consider all previous DUI convictions, regardless of whether they occurred outside of the state, when punishing an offender. This means that if an offender has a previous DUI occurring less than 10 years ago, he will be punished with higher penalties.
Felony vs. Misdemeanor in Oklahoma
A second DUI in Oklahoma is a felony. Under state law, a felony is any crime that carries a punishment of a year or longer in prison. A misdemeanor is any crime that carries a potential punishment of less than a year in prison. An Oklahoma court can sentence a second time offender to no less than one and no more than five years in prison, making it a felony crime.
In Oklahoma, a criminal penalty is one imposed by a criminal court. In addition to one to five years of imprisonment, the state allows courts to fine an offender a maximum of $2,500 and order then to attend a five day residential alcohol treatment program. If the program is not five days long, the offender must make up the difference in prison. Prior to admission to the program, an offender is evaluated by the state’s Department of Mental Health and Substance Abuse Services.
In Ohio, administrative penalties, which are those not imposed by a court, are administered by the state’s department of motor vehicles. The department is authorized to revoke the drivers license of and install an ignition interlock device on a second time offender’s vehicle.
Plea Options in Oklahoma
An offender can plead guilty, not guilty or enter into a plea bargain with the state’s prosecutor. A guilty plea usually results in the court imposing a punishment against the offender and the offender waiving their right to an appeal of those punishments. A not guilty plea usually causes the case to proceed to trial, during which a jury determines the punishments. A plea bargain is a document containing punishments agreed to by the prosecutor and offender. Sometimes, these bargains have lighter criminal penalties than a plea of guilty or punishments imposed by a jury.
Obtaining Legal Advice
If you have been charged with a second DUI in Ohio, seek legal advice. An attorney will review your situation and discuss the potential punishments you face.