A second DUI conviction is a felony in Oklahoma. (In most states, a second DUI is a misdemeanor.) Generally, a DUI is considered a second offense if the offender has one prior conviction that occurred within the past ten years—including out-of-state convictions. Offenders are generally looking at several days in jail, a fine, probation, substance abuse treatment, and license suspension. However, many factors come into play with DUI sentencing.
This article discusses the specific penalties you'll face if convicted of a second DUI conviction in Oklahoma.
The penalties for a second DUI conviction vary depending on the circumstances. But the penalties you'll generally face are explained below.
Before sentencing, the convicted driver must complete a drug and alcohol evaluation from a certified assessor. The judge will review the assessor's report and determine whether to sentence the defendant to jail or to the assessor's recommended treatment.
A second-offense DUI carries a minimum one-year jail sentence, but the offender could spend up to five years behind bars. The Department of Corrections is in charge of determining whether the sentence should be served in jail, a substance abuse center, or the Department of Corrections substance abuse treatment program.
Judges are allowed to set aside a jail sentence if the convicted motorist agrees to abide by the recommendations of the substance abuse assessor. Treatment recommendations might include inpatient treatment, educational classes, and other intervention measures. If the recommendations don't require inpatient treatment of at least five days, the court will order the convicted motorist to serve at least five days in jail. Failure to abide by the assessor's treatment recommendations can result in extended jail time and license suspension.
A person who's convicted of a second DUI faces fines of up to $2,500. The judge can also order the offender to pay court costs and other fees.
Fines are doubled for adult offenders who had a minor in the vehicle at the time of their offense. (Having minor in the vehicle while driving under the influence can also lead to other criminal charges and consequences.)
If the driver's blood alcohol concentration (BAC) was .15% or more, the DUI is considered an "aggravated" offense. The penalties for an aggravated DUI—in addition to those explained above—include at least one year of supervision and periodic testing (plus expenses) and required use of an ignition interlock device (IID) for at least 90 days.
The court reports all DUI convictions to the Oklahoma Department of Public Safety. For most second-offense DUIs, the Department will disqualify the person from driving for one year. In determining the number of prior offenses for license suspensions, the Oklahoma Department of Public Safety will consider any chemical-test license penalties (failed tests, convictions, and unlawful refusals) within the last ten years.
During this revocation period, the licensee can request a modified license by entering into the "Impaired Driver Accountability Program." A modified license gives the motorist limited driving privileges but requires the use of an ignition interlock device.
To be eligible for license reinstatement, the motorist must complete all court-ordered treatment requirements.
If you've been arrested for driving under the influence in Oklahoma, it's a good idea to talk to a DUI lawyer. DUI law is complicated and the facts of each case are different. A qualified DUI attorney can tell you how the law applies to your case and help you decide on the best course of action.