Are you wondering if a DUI or DWI is a felony in Oklahoma? Here's the short answer: in the state of Oklahoma, DUI (driving under the influence) can be charged as either a misdemeanor or felony charge. If the DUI arrest is your first, the charge will be a misdemeanor, save for a few instances when it could be charged as a felony. Such instances include if a DUI occurs and results in substantial bodily injury or the death of another person, or if you have a child in the car at the time of you driving intoxicated.
First Offense DUIs
First offense convictions of DUI or DWI (driving while intoxicated) in Oklahoma carry penalties of at least 10 days in jail, but not more than one year, including fines of as much as $1,000 with a minimum of an additional $300 in fees, and perhaps also AA meetings or community service depending on how well your criminal lawyer or DWI lawyer defends you. If another DUI charge occurs within ten years of the first offense, the court of record will charge it as a felony.
Repeat Offense DUIs
The penalties are far more severe for a felony DUI than for a misdemeanor DUI. If you are convicted of an Oklahoma felony DUI, suspension of your driver’s license, minimum of one year and up to twenty years in a state penitentiary, community service, mandatory alcohol and drug treatment program (Alcoholics Anonymous, Narcotics Anonymous), placement of an ignition interlock device on your car for up to eight years, and up to $5,000 in fines are all possible consequences of the conviction.
The Penalties for Alcohol Related Offenses
The severity of the penalties levied by the courts will be judged largely on any prior alcohol related offenses, your blood alcohol level at the time of the arrest, if an accident occurred at the time of the arrest, if a minor was present at the time of the arrest, if bodily hard came to another person, and whether your case was filed in municipal or district court. Contact a criminal attorney or DUI lawyer, particularly one well versed in Oklahoma driving laws to gain a full understanding of your rights and possible options.