Not every DUI is charged the same, even if two cases are identical. Some are charged as misdemeanors, and some are charged as felonies. So, is a DUI a felony in Oklahoma? What turns a DUI into a felony? Oklahoma law is extensive about what happens in alcohol- and drug-impaired accidents, but here is a short breakdown of what you need to know.
Is a DUI a Felony or a Misdemeanor in Oklahoma?
The short answer is that standard DUIs are generally misdemeanors in Oklahoma, while a second DUI within 10 years, as well as a third, fourth, and so on, are felonies. That’s because DUI is a “predicate offense.” This means the first time you commit the offense the punishment isn’t as harsh as later offenses. It also means that your first offense can be used to enhance later offenses.
There are many different types of DUIs, and in some situations a first-time DUI could be charged as a felony. We’ll go over everything you need to know.
DUI vs. DUI-Drugs
DUI-Drugs is charged like a standard DUI. Your first offense is a misdemeanor, and offenses after that are felonies. There is one big difference: While your blood alcohol content (BAC) has to be .08 or higher to be charged with a DUI, there is no legal limit for marijuana or other scheduled drugs.
Any amount of illegal drugs in your system is enough to constitute a DUI. While a breathalyzer cannot test for marijuana or other illicit drugs in your system, a blood test does, and even trace amounts are sufficient to charge you with DUI-Drugs.
DUI vs. APC
Another type of DUI charge is actual physical control (APC). This usually occurs when you’re found in your car drunk, but the car is not moving, for example, if you choose to “sleep it off” in your car or simply fall asleep behind the wheel while you’re parked. It’s also charged when you are drunk and hit something in the road, such as a light pole, and you abandon the car.
APC is a predicate offense just like DUI. This means if you have a conviction for APC and then get a DUI, the DUI will be a felony. The reverse also applies: a prior DUI conviction can be used to enhance a new APC to a felony.
Both a DUI and APC conviction can only be used to enhance within 10 years of the completion of your punishment. This means if you receive one year of probation and then get another DUI charge 9 years after your probation ends but 10 years after the date of the first DUI offense, your second DUI will be filed as a felony.
DUI vs. DWI
Driving while impaired (DWI) is charged when you are driving with a BAC between .05 and .08. Unlike a DUI, a DWI is not a predicate offense. This means a DWI will remain a misdemeanor, regardless of the number of DWI convictions you have. Another difference between a DWI and DUI is that a DWI typically has a lesser punishment and less expensive fines. While both are serious charges, a DWI is not as bad as a DUI.
One note: DUI laws vary by state, so be careful not to confuse this with charges in other states. For example, if you cross the border into Texas, a DWI there is the equivalent to an Oklahoma DUI.
Is a Second DUI a Felony in Oklahoma?
Yes – a second DUI is a felony in Oklahoma if it occurs within 10 years of another DUI, DUI-Drugs, or APC conviction. Because a DUI is a predicate offense, your first DUI is a misdemeanor, however, any additional DUIs you receive after that DUI is a felony.
What If Your First DUI Was Expunged?
In Oklahoma, an expunged DUI may still be used against you, but it’s up to the prosecutor to decide. The felony DUI statute allows second DUIs to be filed as felonies even if you receive a deferred sentence, which allows you to get an automatic partial expungement. Plus, law enforcement agencies, including the district attorney and the Oklahoma State Bureau of Investigation (OSBI), can still see expunged records.
Whether law enforcement will go digging for your records and use them against you depends on your district. Some counties will file the second DUI as a felony, while others will not. However, it is less likely that the attorney charging the DUI will find the prior DUI conviction to enhance the new DUI if you get your previous DUI expunged.
Is Aggravated DUI a Felony in Oklahoma?
Not always, but this is a common misconception. Your first aggravated DUI is still a misdemeanor and carries the same punishment as a regular DUI with one exception: an aggravated DUI requires the installation of an interlock device on your car if you’re convicted. However, like a standard DUI, your second DUI, whether aggravated or not, within 10 years is a felony, as well as your third, fourth, and so on.
Another common misconception is that a misdemeanor DUI is when your BAC is between a .08 and a .14 on a breathalyzer and a felony DUI is when you blow a .15 or higher. However, this is incorrect. A BAC of .08 to .14 is a standard DUI, and a BAC of .15 or higher is an aggravated DUI. As we mentioned, both are misdemeanors if it’s your first offense, but become felonies after that.
What Else Makes a DUI a Felony in Oklahoma?
A first offense DUI can still be a felony in a few special circumstances. Getting a DUI with a child in the car can result in a felony conviction for child endangerment. Several more serious types of DUIs can also result in felony charges: DUI manslaughter or murder and DUI with great bodily injury.
If a person dies as a result of you hitting them while driving under the influence, the charge will be murder in the second degree or manslaughter in the first degree, both of which are felonies. Likewise, if you hit someone while driving under the influence and cause bodily injury, you may face felony charges for DUI great bodily injury. A great bodily injury occurs when the injury creates a substantial risk of death or causes a significant bodily disfigurement of some kind.
What Happens If You’re Convicted of a Felony DUI?
The punishment for a felony DUI is up to five years in prison and a fine of up to $2,500. (A misdemeanor DUI carries a maximum of one year in jail and a fine of up to $1,000.) There are also other costs of a DUI, including bail, court costs, and attorneys’ fees. Regardless of whether you’re charged with a misdemeanor or felony DUI, you’ll also have to take DUI classes, including a drug and alcohol assessment, victim’s impact panel, and Alcohol and Drug Substance Abuse Courses (ADSAC).
The Bottom Line
Any DUI charge is serious in Oklahoma. You could lose your driving rights, and even a misdemeanor conviction will go on your record for employers and landlords to see. A felony charge is even more serious. If you or a loved one have been charged with a DUI, you need an experienced attorney on your side to help you get the best outcome. Contact the Tulsa DUI Guy today for a free consultation.