Oklahoma’s Penalties for Repeat DUI Offenders
Repeat DUI offenders face additional penalties and prison time in Oklahoma. A second or third offense can result in many years in prison along with treatment and community service. See 47 O.S. § 11-902. This article explains what you can expect.
Second Offense
If you commit a second DUI within 10 years of completing a previous DUI sentence or while you are on probation, you will be charged with a felony and may face one to five years in prison, a $2,500 fine, substance abuse assessment and evaluation, and/or driver’s license revocation. If your previous DUI was within five years, your revocation will be for one year. You may be ordered to follow all recommendations made in the assessment and evaluation, and if you are not sentenced to at least five days of residential or outpatient treatment, you must serve a prison term of at least five days.
Second Felony Offense
If you commit a second felony DUI offense or related offense, you may face one to ten years in prison, a $5,000 fine, substance abuse assessment and evaluation, and/or driver’s license revocation. Also, you may face 240 hours of community service and installation of an ignition interlock device. If your previous DUI was within five years, your license revocation will be for three years. You may be ordered to follow all recommendations made in the assessment and evaluation, and if you are not sentenced to at least ten days of residential or outpatient treatment, you must serve a prison term of at least ten days.
Third Offense
If you commit a third DUI offense, you may face one to twenty years in prison, a $5,000 fine, substance abuse assessment and evaluation followed by at least one year of supervision and periodic testing at your expense, and/or driver’s license revocation. Also, you may face 480 hours of community service and installation of an ignition interlock device. If your previous DUI was within five years, your license revocation will be for three years. You may be ordered to follow all recommendations made in the assessment and evaluation, and if you are not sentenced to at least ten days of residential or outpatient treatment, you must serve a jail term of at least ten days.
DUI Manslaughter or Murder
If you were previously convicted of DUI manslaughter in the first degree or murder in the second degree, and you then commit a DUI, you will be charged with a felony and will face five to twenty years in prison and a $10,000 fine, plus license revocation.
As you can see, the prison time and penalties increase with multiple DUI offenses, and there are further sentence enhancements for charges of aggravated DUI and great bodily injury. Sentencing varies from case to case, and there may be the possibility of a suspended or deferred sentence for some people.
Need an attorney for DUI charges in Oklahoma? Seek out the attorney who is in court nearly every day and teaches other attorneys and law enforcement about sobriety testing techniques. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.