If you have previously received a driving under the influence (DUI) conviction outside of the state of Oklahoma, you may wonder if it will count for your current record. Unfortunately, the consequences of a DUI will follow you across state lines, within a specific time period. Oklahoma law is designed to treat out-of-state DUI offenses the same as in-state convictions for the purpose of determining the severity of a current charge.
Oklahoma’s Lookback Period
If you are charged with Driving Under the Influence (DUI) in Oklahoma, any qualifying prior DUI convictions from another state will absolutely be used to enhance the current criminal charge and increase the potential penalties. Oklahoma has a ten-year lookback period, which means prosecutors can look at your driving record, regardless of state, within this time.
The primary way an out-of-state DUI counts against you is by changing a subsequent DUI charge in Oklahoma from a misdemeanor to a felony. For example, if you are arrested for a new DUI in Oklahoma and have one prior qualifying DUI conviction (or deferred judgment) within that 10-year period, your new charge is automatically enhanced to a felony. This felony charge carries mandatory state prison time ranging from one to five years, compared to a maximum of one year in a county jail for a first-time misdemeanor offense.
Subsequent convictions lead to even harsher felony penalties, impacting your future abilities to gain professional licensing, pass job background checks, secure certain housing, and own firearms. It is imperative to know whether any out-of-state or in-state offenses occurred within this 10-year time period.
Cooperation with Other States
This process works because Oklahoma is part of the Driver License Compact (DLC), an agreement among most states to share information about serious driving offenses, including DUIs. With the DLC, the Oklahoma Department of Public Safety (DPS), Service Oklahoma, and state prosecutors can access your conviction history from other jurisdictions.
To qualify for sentence enhancement in Oklahoma, your past out-of-state conviction needs to fall within the lookback period, but also needs to show substantial similarities to Oklahoma’s criminal definitions of DUI or Actual Physical Control (APC). If the out-of-state conviction was based on a blood or breath alcohol concentration (BAC) of less than 0.08%, it will not be used to enhance the Oklahoma punishment.
Get an Attorney to Review Your Prior Record
While the rule is clear that most out-of-state priors can enhance your charge, an experienced defense attorney will thoroughly investigate the prior conviction to see if it can be successfully challenged. If your prior meets these criteria, an attorney may be able to help:
- Issues with Documentation: The state must be able to prove the prior conviction with official, certified paperwork. Missing or incomplete records can lead to the enhancement being dismissed.
- Timing: A careful calculation of the 10-year lookback window must be performed from the correct date of completion of the prior sentence.
- Different Statutes: An attorney can argue that the out-of-state charge was not legally equivalent to an Oklahoma DUI offense, therefore invalidating its use for a felony enhancement.
Never assume that your out-of-state DUI is a non-issue. For all practical and legal purposes in an Oklahoma courtroom, it is treated as if it happened here and will be used aggressively to pursue the most serious penalties.