What Is a Felony DUI in Oklahoma?

Aggravating factors that can make a drunk driving charge a felony.

Oklahoma's DUI (driving under the influence) laws prohibit operating a vehicle with a blood alcohol concentration (BAC) of .08% or more, while under the influence of drugs, or with any amount of a controlled substance in your system. Generally, a DUI conviction is a misdemeanor. But certain circumstances—such as having prior convictions—can elevate a DUI to a felony.

Here are some of the circumstances that can result in felony DUI charges in Oklahoma.

Second or Subsequent DUI Conviction Is a Felony

A first DUI is a misdemeanor in Oklahoma. But if an offender gets a second or subsequent DUI within ten years, it's going to be a felony offense.

A second DUI carries one to five years in jail and fines of up to $2,500. Anyone convicted of a third DUI within ten years faces one to ten years in prison and up to $5,000 in fines.

Minor Passengers

Driving under the influence with a minor passenger is considered "child endangerment." A conviction is a felony and carries up to four years in prison and a maximum fine of $5,000.

Felony Charges for DUIs Involving Injuries and Deaths

A DUI involving an accident where someone is seriously injured is a felony. Convicted motorists face four to 20 years in prison and up to $5,000 in fines.

Causing the death of another person while driving under the influence can lead to felony manslaughter charges. The penalties for a conviction depend on the specifics of the case but generally include at least four years in prison.

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