Understanding when a DUI becomes a felony in Oklahoma is critical to protecting your rights and your future. While many DUI cases start as misdemeanors, Oklahoma law imposes harsh penalties when certain aggravating factors are present. A felony DUI conviction can result in prison time, long-term driver’s license restrictions, and a permanent criminal record that affects employment, housing, and professional opportunities.
How Oklahoma Defines DUI
Under Oklahoma law, a person commits DUI when they operate a motor vehicle while:
- Having a blood alcohol concentration (BAC) of 0.08 or higher, or
- Being under the influence of alcohol or controlled substances to the extent that it affects safe driving.
A first-offense DUI without aggravating factors is typically charged as a misdemeanor. However, several circumstances can elevate the charge to a felony.
When DUI Becomes a Felony in Oklahoma
1. A Second DUI Within Ten Years
A DUI becomes a felony when the individual has a prior DUI conviction within the last 10 years. This look-back period excludes any time the person was incarcerated or on court-ordered supervision.
A felony second offense carries harsher penalties, including:
- Up to 5 years in prison
- Significant fines
- Mandatory substance abuse treatment
- Lengthy driver’s license revocation
2. A Third or Subsequent DUI
Any third or subsequent DUI—regardless of when prior offenses occurred—is charged as a felony in Oklahoma. Judges treat multiple DUI offenses seriously because they indicate a pattern of impaired driving that may endanger the public.
3. DUI Resulting in Great Bodily Injury
A DUI becomes a felony when impaired driving causes an accident that results in great bodily injury to another person. “Great bodily injury” refers to severe or life-threatening harm, such as:
- Broken bones
- Serious disfigurement
- Long-term impairment
- Internal injuries
Felony DUI injury cases may result in:
- Up to 10 years in prison
- Restitution orders
- Permanent felony record
4. DUI Manslaughter
If a DUI accident results in someone’s death, the driver may be charged with:
- First-degree manslaughter, or
- Second-degree murder in extreme cases
These are among the most serious felony charges in Oklahoma and carry lengthy prison sentences. Courts view DUI manslaughter as a violent crime, and prosecutors typically pursue these cases aggressively.
5. Child Endangerment by DUI
A person may face a felony if they are driving under the influence with a child under 18 in the vehicle. Under 10A O.S. § 1-2-101, this is considered felony child endangerment, even if no accident occurs.
Penalties may include:
- Up to 4 years in prison
- Mandatory parenting classes
- Reporting to DHS
- Severe restrictions on custody or visitation rights
6. DUI While License Is Revoked or After Prior Felony DUI
A DUI committed while your driver’s license is already revoked can also be charged as a felony. Likewise, anyone with a previous felony DUI conviction faces felony charges if they are arrested again for impaired driving.
The Court’s Approach to Felony DUI Cases
Oklahoma courts look at several factors when determining penalties in a felony DUI case, including:
- Whether someone was injured
- The driver’s prior criminal history
- Whether the driver cooperated with law enforcement
- The presence of a child in the vehicle
- The level of impairment
Courts may also require substance abuse treatment, ignition interlock devices, alcohol monitoring, and supervised probation as part of sentencing.
Why Legal Representation Matters in Felony DUI Cases
A felony DUI conviction can have lifelong consequences. An experienced Oklahoma DUI attorney can help by:
- Challenging the legality of the traffic stop
- Reviewing breath or blood test accuracy
- Negotiating with prosecutors
- Seeking reduced charges when possible
- Helping you navigate driver’s license hearings
- Developing a defense strategy tailored to your circumstances
Proper representation can make a substantial difference in the outcome of a felony DUI case.
Contact a Creek County DUI Defense Attorney for Help
If you or a loved one is facing a felony DUI charge in Oklahoma, our team at Creek County Attorneys can help you. Our DUI defense attorneys have extensive experience handling serious DUI cases and can help you understand your rights, evaluate your options, and fight for the best possible outcome. A felony DUI does not have to define your future—get legal help today. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.
