What Are the Different Types of DUIs in Oklahoma?

2/27/2024

Driving under the influence (DUI) seems like a straightforward charge. It probably brings to mind a scenario like this: You’re out with friends and decide to drive home after a few drinks. You’re stopped, given a breathalyzer and taken to jail for the night. That’s usually what happens after a DUI – but what if you had a child in the car? Or tested positive for drugs instead of alcohol? These are several different types of DUIs in Oklahoma, and we’ll go over them all here.

Standard DUI

What It Is: A standard DUI means you were driving or operating a motor vehicle (including e-bikes, motorized scooters, and off-road vehicles) on a public or private road that provides access to a home (including your own driveway), and you had a blood alcohol content (BAC) of 0.08 or more or you refused a blood or breath test. It’s the most common type of DUI.

Penalties: A standard DUI is a predicate offense, which means that the punishment increases with multiple DUIs within a 10-year period:

First DUI: Misdemeanor charge. Up to 1 year in jail and a fine up to $1,000. License revoked for 6 months.
Second DUI: Felony charge. Up to 5 years in jail and a fine up to $2,500. License revoked for 1 year.
Third DUI: Felony charge. Up to 10 years in jail, a fine up to $5,000 and 240 hours of community service. License revoked for 2 years.
Fourth DUI: Felony charge. Up to 20 years in jail, a fine up to $5,000 and 480 hours of community service. License revoked for 2 years.

Every time you get a DUI, you have to participate in an alcohol assessment with a counselor and complete a recommended number of hours of alcohol and drug substance abuse courses. You’ll also have to attend a victim impact panel.

Actual Physical Control

What It Is: Actual physical control (APC) essentially means you’re in your vehicle and you’re intoxicated. You don’t have to be driving the vehicle, but you must be inside it and it must be operable. APC can be charged in a variety of cases, but the most common scenario is if you’re “sleeping it off” in a car and you have the keys in your possession.

Penalties: The punishment for APC is the same as for a standard DUI.

Aggravated DUI

What It Is: An aggravated DUI means you had a BAC of 0.15 or above. It’s a similar but more serious type of DUI than if your BAC is in the standard DUI range (above 0.08 but below 0.15).

Penalties: An aggravated DUI also has penalties that are similar to a standard DUI. The first offense is a misdemeanor, while additional offenses are felonies. However, you will also have to:

Undergo not less than 1 year of supervision and periodic testing.
Install an ignition interlock device in your car for a minimum of 90 days.

Judges also have significant freedom in sentencing for aggravated DUI cases. They could require you to complete:

Substantial community service
Additional substance abuse counseling
Inpatient alcohol treatment

DUI-Drugs

What It Is: You can be charged with a DUI-Drugs (DUI-D) when you operate a motor vehicle while under the influence of any intoxicating substance other than alcohol. This includes common prescription drugs like hydrocodone, oxycodone, Xanax, Valium, Ambien, medical marijuana, and even Tylenol with codeine. Because a breathalyzer won’t detect drugs, you’ll be asked to give a blood sample.

Penalties: The charges and penalties for a DUI-D are the same as a standard DUI.

DUI With Child Endangerment

What It Is: If you are charged with a DUI and had a child under the age of 18 in the car, you can be charged with child endangerment. You may also face endangerment charges if you’re responsible for a child and allow them to get into a car with an intoxicated driver.

Penalties: Your DUI will be a separate charge and will follow the penalties outlined for a standard DUI, except that your fine can be doubled. In this case, however, child endangerment is the more serious charge. It’s a felony, punishable by up to 4 years in jail and a $5,000 fine. You’ll also be investigated by the Department of Human Services.

DUI With Great Bodily Injury

What It Is: If you’re driving under the influence and you cause an accident that causes someone else to be seriously injured, disfigured, or substantially at risk of death, you’ll be charged with DUI With Great Bodily Injury.

Penalties: Now we’re getting into the more serious types of DUIs: A DUI with great bodily injury is a felony, even if it’s your first DUI. It’s punishable by anywhere from 4 to 20 years in jail, and it’s likely that you’ll spend at least some time in jail. The judge will look at your level of intoxication, the injuries you caused, and your criminal history.

DUI Manslaughter

What It Is: DUI manslaughter is a combined charge that means you were committing a misdemeanor (driving under the influence), a death occurred, and that death was a direct result of your actions.

Penalties: The definition above makes DUI manslaughter a first-degree manslaughter charge, which carries serious penalties. There’s a minimum jail term of 4 years, and you could be sentenced up to life depending on the facts of your case. Even if you’re offered a plea deal, you can still expect to spend some time in jail.

DUI Murder

What It Is: A DUI murder charge is given when you were committing a felony, and caused an accident that resulted in the death of another person. That means if you have a previous DUI conviction and cause an accident where someone dies, you can be charged with DUI murder because it will be your second DUI charge (a felony).

Penalties: Because it’s a felony DUI charge combined with a murder charge, this is one of the most serious types of DUIs. You could spend anywhere from 10 years to life in jail and pay a fine of up to $10,000. As with a DUI manslaughter, you may get a plea deal, but it’s less likely because you have a previous conviction.

The Bottom Line

Don’t make the mistake of thinking that any charge is “just” a DUI. Any type of DUI can have serious consequences, including losing your license, paying large fines, trouble getting car insurance, and more. No matter what you’re charged with, an experienced attorney can always help you get the best outcome in your case. Contact us today for a free evaluation to get started right away.