Driving Under the Influence (DUI) can be a felony or a misdemeanor in Creek County, Oklahoma, and comes with significant legal consequences. Whether a DUI is classified as a felony or a misdemeanor depends on several factors, including the specifics of the incident, the driver’s history, and the presence of aggravating circumstances. Here, we’ll discuss some of the criteria for each type of charge, what it could mean for you, and some possible defenses you have.

Misdemeanor DUI

In most cases, a first-time DUI offense in Creek County is classified as a misdemeanor and typically involves the following circumstances:

• First Offense: The driver has no prior DUI convictions.
• Blood Alcohol Concentration (BAC): The driver’s BAC is above the legal limit of 0.08% but does not involve extreme impairment.
• No Aggravating Factors: There are no injuries, fatalities, or significant property damage resulting from the DUI incident.

Penalties for a Misdemeanor DUI may include:

• Jail Time: Up to one year in county jail.
• Fines: Fines ranging from $500 to $1,000.
• License Suspension: Driver’s license suspension for six months to one year.
• Probation: Probation, which may include alcohol education classes, community service, and regular check-ins with a probation officer.

While a misdemeanor is not as severe as a felony, it can still have consequences and will appear on your permanent record.

Felony DUI

A DUI can be classified as a felony under certain conditions, such as:

• Repeat Offenses: A second DUI offense within ten years can be charged as a felony, as well as any subsequent offenses.
• Injuries or Fatalities: If the DUI incident results in serious injury or death.
• High BAC: Extremely high BAC levels, particularly if they significantly impair the driver’s abilities.
• Child Endangerment: Driving under the influence with a minor in the vehicle.

Penalties for a Felony DUI may include:

• Prison Time: Imprisonment ranging from one to ten years, depending on the severity of the offense and the driver’s history.
• Fines: Substantial fines, often over $5,000.
• Extended License Suspension: Long-term or permanent driver’s license revocation.
• Probation and Rehabilitation: Probation terms, mandatory rehabilitation programs, and continuous alcohol monitoring.

Like misdemeanors, felonies appear on your criminal record, but have more severe consequences now and in the future.

Legal Defenses Against DUI Charges

Fighting a DUI charge, whether it’s classified as a misdemeanor or felony, will require a well thought-out defense:

1. Challenging the Traffic Stop: Questioning the legality of the traffic stop that led to the DUI arrest or the administration and interpretation of field sobriety tests.
2. Medical Conditions: Presenting evidence of medical conditions that could have affected BAC results or sobriety test performance.
3. Procedural Errors: Identifying any procedural errors made by law enforcement throughout the arrest process.

After consulting with an attorney, you’ll be able to understand the best defense options given the specifics of your case.

Creek County DUI Attorneys In Your Corner

When facing DUI charges, either as a felony or a misdemeanor, it’s important to understand exactly what the charges you’re facing mean. Afterwards, you will be able to understand what the best defense options are for your situation. Because of this, your first step is to get an attorney to help understand what’s next and advocate for you.

If you’re facing charges, our team of criminal defense attorneys at Kania Law – Creek County Attorneys can help you through the process and advocate for you. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.