DUI offenses are treated harshly in Oklahoma. If you are convicted, you could face several penalties, including jail, stiff fines, community service, and subsequent probation. While a first offense DUI can result in serious penalties, the ones you might face can be even more severe if there was an aggravating factor that could enhance your sentence. These include your blood alcohol concentration within two hours of driving, operating, or being in actual physical control of your vehicle, whether you have any prior convictions, whether a child was present in your vehicle, and others.
Enhancement factors in Oklahoma DUI cases
Aggravating factors can enhance your DUI sentence, meaning that your sentence could be more severe if one of the factors were present at the time of your DUI stop and arrest. If your BAC was .15 or higher at the time of your arrest, you can face aggravated DUI charges. In addition to the normal penalties for a regular DUI, you can also be sentenced to a minimum mandatory 28 days of inpatient treatment followed by probation and 12 months of ongoing outpatient treatment, regular random drug and alcohol testing, 480 hours of community service, and other penalties.
The penalties for a first-offense regular DUI under Ok. Stat. §47-11-902 include from 10 days up to one year in jail, a fine of up to $1,000, and mandatory installation of an ignition interlock device. Your driving privileges can also be suspended. These penalties increase significantly if you have one or more prior DUI convictions within the last 10 years. If you have one prior conviction within the past 10 years, a second offense can be charged as a felony DUI. You will face from one to five years in prison, a fine of up to $2,500, or residential or inpatient treatment of up to five years. Other enhancing factors include the following:
- DUI with a child in the car
- Refusal to take a chemical test
- Accident while driving under the influence
- DUI on a revoked or suspended license
The DUI laws in Oklahoma are very strict. If you are facing a DUI charge and have an aggravating factor, you might want to talk to an experienced criminal defense attorney for help with challenging the allegations.