Emergency Law (SB1627) Will Make Most First Time DUIs Felonies Again

Here we go again. After creating havoc by passing multiple conflicting DUI laws in November and January, the Oklahoma Legislature has passed yet another new DUI Statute (SB 1627) to attempt to reduce the confusion around the old DUI laws (referred to in the legal community as versions 1, 2, 3, and 4).

What is SB 1627 (2026)?

Senate Bill 1627 is a 2026 Act that amends, consolidates, and repeals State statutes to reduce conflicts. It was enrolled and sent to the Governor on 4/8/2026 and signed into law on 4/13/2026. It was passed as an emergency measure, which means the bill took immediate effect when signed into law. The Bill amends multiple statutes that aren’t DUI related, but we’ll focus on just the DUI portion.

How Does the Bill Change The DUI Laws?

First, we have to talk about Oklahoma's primary DUI statute, which is 47 O.S. § 11-902. It’s the part of the law that makes it illegal to “drive, operate, or be in actual physical control of a motor vehicle” while:

1. You have a BAC (Blood Alcohol Content) of more than .08
2. You are otherwise under the influence of alcohol or a combination of alcohol and other substances
3. Have any detectable amount of a schedule 1 drug in your system

SB 1627 doesn’t change these standards or what qualifies as a DUI - instead, it changes what qualifies as an “aggravated DUI.” A DUI will now be considered aggravated (and a felony) if:

1. You have a BAC greater than .15
2. You commit certain traffic violations while driving under the influence, for example: Driving left of center or improper lane use (47 O.S. § 11-301), passing another vehicle improperly (47 O.S. § 11-302), or Improper use of a turn signal (47 O.S. § 11-309)
3. You attempt to elude police
4. You cause an accident that causes more than $500 in property damage, or results in any injury
5. You are speeding more than 20 MPH over the limit (or 10 MPH over the limit in a school zone)
6. You have a passenger younger than 18 in the car
7. You drove “recklessly, ” as defined in 47 O.S. § 11-901, meaning you were driving “in a careless or wanton manner without regard for the safety of persons or property”

If this all sounds familiar, it’s because it’s the same language as SB54, a bill that went into effect in November (referred to as version 3) and was pre-empted in January (by version 4).

What Does This Mean If I Get A DUI?

If you get a DUI after 4/13/2026, it’s very likely that you will be charged with a felony aggravated DUI instead of a misdemeanor DUI. Driving left of center, unsafe lane, use, failing to signal properly, etc, are often the probable cause that precipitates a DUI stop. So, it makes sense that when the conditions of an aggravated DUI are being met in most DUI cases, that’s what will get charged most of the time. That’s exactly what happened previously when version 3 (the prior, similar version of the new law) was in effect.

Aggravated DUIs Have Mandatory Jail Time

Under the prior law, most first time DUIs did not require jail time unless there was a serious accident or death (generally). Under the new law, you will be required to serve jail time (or possibly residential inpatient alcohol treatment) for any aggravated DUI based on how many offenses you have within the prior ten years:

1. First offense: Minimum ten days in jail
2. Second Offense: Minimum 30 days in jail
3. Third or subsequent offenses: Minimum 30 Days For each subsequent offense, e.g. 60 days for a third offense, 90 days for a fourth offense, etc).

Additional Consequences of a Felony

In addition to the punishments the law requires, If someone is convicted of a felony under the new law or if they plead to a felony charge, they will lose the right to:

1. vote during sentence (Okla. Const., Art. III, Sec. 1, 26 O.S. 4-101),
2. sit on a jury (38 O.S. § 28),
3. run for public office within 15 years of completing sentence (26 O.S. § 5-105a),
4. be state employed (51 O.S. § 24.1),
5. Own a gun (21 O.S. § 1283 and 18 O.S. 922g), and
6. possibly not have a driver's license (47 O.S. § 6-205).
7. Be employed in many licensed professions like nursing (59 O.S. § 567.8), engineering (59 O.S. § 475.18), etc

What Can I Do If I Get Pulled Over?

Simply put: if you don’t know, don’t blow. The new law makes it much less advantageous to cooperate and take a breathalyzer, even if you think you’re likely to pass. In most circumstances, we now recommend that you do not agree to take the State’s test (the official breathalyzer test) unless you are certain that you have no alcohol in your system. If you refuse, make sure that you politely, but firmly tell the officer that you are refusing.

Bottom Line

SB 1627 reintroduces several DUI provisions which can make it far more likely for you to get an Aggravated DUI (a Felony) vs a standard DUI (a misdemeanor). If you do get charged with an aggravated DUI, it’s more important than ever that you hire an experienced DUI lawyer who knows how to minimize the impact a DUI will have on your life. If you’re facing an aggravated DUI charge, contact us for a free consultation.