A second DUI in Oklahoma carries more significant consequences than having only one DUI on your record. When subsequent DUIs occur in relation to other convictions matters. A strategic Oklahoma repeat DUI defense is vital to your future.
Oklahoma DUI Lookback Period
Whether or not you have a previous DUI conviction on your record will impact the consequences you face for driving under the influence. The law allows for determining penalties for a DUI in Oklahoma on a prior DUI history. The lookback period enables the court to review the last 10 years of your legal record to determine if you have a conviction for previous DUIs.
When Does the Lookback Period in Oklahoma Begin?
The lookback period for an Oklahoma DUI does not begin when an arrest occurs. A previous conviction of a DUI in Oklahoma allows the court to assess a period of time from the date of completing the DUI sentence for that conviction. Any DUI occurring within the 10-year lookback period before completing a sentence is a more serious offense with much harsher penalties.
Will an Oklahoma Court Consider DUIs Occurring in Other States?
Oklahoma honors an interstate compact known as the Driver License Compact (DCL). The compact allows a participating state to exchange information about charges against a resident from another state. In doing so, an Oklahoma driver faces DUI charges in their home state instead of in the state where the offense takes place.
What Are the Requirements for Lookback Laws to Apply to an Oklahoma DUI?
Any prior DUI convictions on your record must meet specific criteria to apply to your current charges. Requirements include the following:
- A prior charge is for DUI or Actual Physical Control (APC).
- Charges before November 1, 2011, must result in a conviction. After this date, prosecutors may use a DUI conviction or deferred sentence for DUI or APC to seek enhanced charges against you.
- A hearing for a prior charge takes place in a court of record. Hearings occurring in municipal courts cannot be used to enhance charges.
- Charges in other states of DUI or APC count against you and may be used to enhance sentencing.
The state must prove prior charges of DUI or APC before enhancing a conviction. Strategic defense strategies may prevent the enhancement of a DUI from a misdemeanor to a felony offense, depending on the facts in your case.
Penalties for Oklahoma Repeat DUI Convictions
Oklahoma takes multiple DUI offenses seriously and administers harsh penalties. If enhancing your penalties due to previous DUI charges is possible, you may face these fines and penalties depending on the number of repeat DUI offenses in Oklahoma:
- Felony conviction
- One to ten years in prison, depending on the number of convictions
- Fines ranging up to $2500 for second offenses and up to $5000 for three or more offenses
- License suspension from six months up to eight years
- Use of an ignition interlock device after license reinstatement
- Substance abuse evaluation with possible mandatory treatment
Beyond the legal consequences, the impact on individuals with multiple DUI convictions may result in significant barriers to employment, child custody, housing, and financial stability. Getting life back on track after a DUI conviction with enhanced sentencing is challenging but not impossible when aiming for the best possible outcome in your case. Learn more about your options if a lookback period can change the sentencing outcome for an Oklahoma DUI.