Whether a felony DUI charge can be reduced to a misdemeanor in Oklahoma depends on the facts of the case. Things like your criminal history, cooperation, and the strength of the evidence can all play a role. With the right circumstances, a felony DUI may not stay on your record forever.
Some Felony DUI Charges Can Be Reduced Based on Case Factors
Oklahoma law gives judges and prosecutors a bit of flexibility when it comes to certain felony DUI charges. Under 21 O.S. § 13.1, a felony offense may be reduced or resolved through alternative sentencing depending on the facts of the case.
This can include whether it is a first-time DUI, how the arrest played out, and whether there were aggravating factors like injury, refusal to test, or very high blood alcohol concentration (BAC) levels. Not all cases qualify, especially if someone was seriously hurt or the driver has more than one prior offense. But for some people, early cooperation and strong legal strategy can help shift the outcome.
When First-Time Felony Charges May Be Reduced
If your DUI is considered a felony but there was no injury, no crash, and it is your first time dealing with a DUI charge, there may be options. Prosecutors sometimes agree to reduce felony charges to misdemeanors, especially if you are willing to complete a treatment program or agree to stricter terms.
These plea deals are not automatic, but they are common in lower-level felony DUI cases that do not involve reckless behavior or prior convictions.
Many of these agreements are worked out early in the process. They may include probation, fines, alcohol education programs, and reduced jail time or none at all. The goal is to keep you out of prison while still holding you accountable. Every case is different, but if you are facing a felony DUI for the first time, it is worth understanding what might be possible before assuming the worst.
Reducing a Felony DUI to a Misdemeanor Often Depends on Testing and Conduct
If you are facing a felony DUI charge, what happened during your stop and how you handled it can make a real difference. Results from breath and field sobriety tests often play a big role in how prosecutors view your case. If your BAC was only slightly over the limit, your record is clean, and you cooperated during the arrest, there may be room to negotiate a misdemeanor plea.
Situations That May Make a Felony DUI Eligible for Misdemeanor Resolution
Not every felony DUI in Oklahoma gets reduced, but certain conditions can make that outcome more likely. If the facts are on your side, prosecutors may be open to resolving the case as a misdemeanor instead of a felony. Below are examples of conditions that may result in a successful reduction:
- First-time offenders
- No accidents or injuries
- BAC just above 0.08%
- No minors in the vehicle
- Full cooperation with the arresting officer
- Completed alcohol education
- Willingness to plead and accept probation
- No weapons, drugs, or additional charges
How Oklahoma Classifies and Reclassifies DUI Charges
Oklahoma law defines DUI offenses under 47 O.S. § 11-902, which outlines the legal limits and circumstances that determine how a DUI is charged. While the statute makes room for felony prosecution in many cases, it also leaves space for prosecutors and courts to resolve some cases through a plea deal.
A felony DUI can sometimes be reduced to a misdemeanor DUI, especially when there is no injury, no high BAC, and no prior convictions.