Not every DUI in Oklahoma is treated the same way. A charge becomes a felony DUI when certain aggravating factors apply, like prior convictions, injuries, or having a child in the car. The consequences can be severe and long-lasting if prosecutors pursue it as a felony DUI.
A DUI Becomes a Felony After Prior Convictions in Oklahoma
If you are dealing with a DUI in Oklahoma, it helps to understand when a charge stays a misdemeanor and when it turns into a felony. A first-time DUI is usually charged as a misdemeanor, but that changes fast if you have prior convictions.
Under 21 O.S. § 51.1, a second or subsequent DUI can be enhanced to a felony if it happens within a certain lookback period. In Oklahoma, that period is ten years. That means if you have a prior DUI within the past decade and are arrested again, the state can push for felony charges based on your record.
Certain Circumstances Make Even a First DUI a Felony in Oklahoma
You might assume a first DUI is always a misdemeanor, but that is not always the case in Oklahoma.
Injury, Fatality, or Child Endangerment Elevates the Charge
If someone is seriously hurt or killed in a DUI crash, you could be looking at charges far beyond a basic DUI. These situations can lead to felony charges for vehicular assault or even manslaughter, depending on what happened and how the case is filed.
If a child was in the car during the incident, 21 O.S. § 852.1(A)(3) treats that as felony-level child endangerment. These aggravating factors carry heavy penalties and often lead to more than just fines or license suspension.
BAC of 0.15% or Higher Triggers Felony-Level Consequences
47 O.S. § 11-902(D) treats high blood alcohol concentration (BAC) levels very seriously. A BAC of 0.15% or more qualifies as an aggravated DUI, which means the penalties get much steeper even for a first offense. Courts look at that number as a sign of increased danger, and it often leads to stricter terms during sentencing. This includes longer treatment requirements and more restrictions on your ability to drive.
If you are convicted of aggravated DUI, you may also face mandatory installation of an ignition interlock device, according to 47 O.S. § 761. Your license could be suspended, and you might need to complete additional assessments or monitoring programs to get it back.
DUI Charges Become Felonies Based on License Status or Conditions
Not every felony DUI charge in Oklahoma is about high BAC levels or crash-related injuries. In some cases, it comes down to whether you were even supposed to be driving in the first place. If you are on probation, have restrictions on your license, or were already suspended, the law takes those facts seriously. Below are several examples of how your license status or legal conditions can turn a DUI into a felony:
- Driving on a suspended or revoked license after a prior DUI
- Violating court-ordered ignition interlock requirements
- Driving without a valid license after a deferred DUI plea
- Committing a DUI while on probation for another offense
- Getting arrested with a restricted hardship license
- Refusing a chemical test after a prior license revocation
- Driving under the influence after a commercial license suspension
- Ignoring reinstatement conditions tied to a previous DUI
Felony-level DUI charges carry longer jail time, larger fines, and a higher chance of license revocation. If your driving status or conditions were already limited when the arrest happened, that detail alone can escalate the entire case.