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.
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.
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.
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.
If you've been arrested for driving under the influence, you should talk to an experienced DUI lawyer, especially if you're facing felony charges. A qualified DUI attorney can tell you how the law applies to the facts of your case, let you know if there are any viable defenses, and help you decide how best to handle your situation.