Charged With Aggravated DUI?

Under Oklahoma law, you can be charged with “aggravated” DUI when get a meet any of the conditions for a standard DUI , which are:

• Your Blood Alcohol Concentration (BAC) registers above .08
• You have any amount of a schedule 1 drug in your system
• You are under the influence of any other drug which might make it unsafe for you to drive
• You are under the combined influence of alcohol and any other drug which might make it unsafe for you to drive

and also meet one of the “aggravating factors,” which are:

1. Have a BAC of 0.15 or greater
2. Cause a motor vehicle accident, as defined in 47 O.S. § 40-102 (OSCN 2026)
3. Drive in a manner that violates the provisions of Section 11-301, 11-302, 11-306, 11-309, or 11-311
4. Elude a police officer
5. Drive more than 20 MPH over the speed limit or more than 10 MPH over the speed limit in an active school zone
6. Have a passenger less than 18 years of age
7. Drive recklessly, as defined in Section 11-901

All aggravated DUIs are felonies - even a first offense.

Ranges of punishment are the same as standard DUIs, except that you must serve the minimum time in jail (or an inpatient treatment facility), regardless of probation, deferral, etc. If you are convicted, the range of punishments are set by statute based on whether it was your first, second, or third offense within a rolling ten year period.

Even though aggravated DUIs require jail time, you still have options to avoid it - particularly if it’s your first offense.

Your Options After An Aggravated DUI Arrest

Plead Guilty (Often To A Reduced Charge)

Depending on the circumstances, the prosecutor assigned to your case may offer you a plea bargain for a misdemeanor DUI or other reduced charge. If they do, you have the option to accept that plea and follow the requirements that the plea imposes. Hiring the right lawyer is critical to negotiating a plea — you’ll get a better offer if your lawyer can identify weaknesses in your case and use that in plea negotiations.

Fight The Charges / Go To Trial

You can exercise your right to go to court and fight your DUI charge. If you do, you’ll eventually be tried in front of a jury or a judge (if you choose to have a bench trial). At the conclusion of the trial, you’ll be found either guilty or not guilty. If found not guilty, you walk away without a conviction or any punishment. If you’re found guilty, a sentencing hearing will be held at a later date to determine what your punishment is.

(New) First Offender DUI Program

Tulsa County recently introduced a new alternative court program for first time offenders, called the First Offender DUI Program (FODP). If you apply and are accepted, you go through a 9 month program that involves regular check-ins, DUI classes (ADSAC), Victims Impact Panels (VIPs), having a breathalyzer in your car, and other requirements that the court may impose. If you complete the program successfully, your case is reduced to a misdemeanor and / or dismissed.

For more info, visit our FODP page.