The Oklahoma Legislature has passed significant changes to Oklahoma’s DUI laws for the first time since the introduction of IDAP in 2019. The bill will likely result in significantly more people serving jail time for DUIs, even if it’s a first offense. Let’s break down what the new bill changes:
The Bill Removes Time Limits For Testing
Under the current law, the State is required to administer what is called “The States Test” within two hours of your arrest. SB54 removes that language.
The Bill Changes the Definition of “Aggravated DUI”
Previously, any DUI where your blood alcohol content was .15 or higher was considered “aggravated.” Under then new law, what is considered "aggravated" now includes:
- Any DUI involving an accident;
- Any DUI with a minor in the vehicle;
- Any DUI while eluding police;
- Any DUI driving 20 or more MPH over the speed limit;
- Any DUI driving 10 MPH or more over the speed limit in a school zone;
- Any DUI involving reckless driving;
Aggravated DUI is now a Felony
Previously, whether an aggravated DUI was a felony was based on whether you had prior DUI convictions. If you did not have a prior DUI, your first DUI was a misdemeanor, even if it was aggravated. Under the new law, all Aggravated DUIs are felonies, even for a first offense.
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. Under the new law, you will be required to serve jail time for any aggravated DUI based on how many offenses you have within the prior ten years:
- First offense: Minimum ten days in jail
- Second Offense: Minimum 30 days in jail
- 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:
- vote during sentence (Okla. Const., Art. III, Sec. 1, 26 O.S. 4-101),
- sit on a jury (38 O.S. § 28),
- run for public office within 15 years of completing sentence (26 O.S. § 5-105a),
- be state employed (51 O.S. § 24.1),
- Own a gun (21 O.S. § 1283 and 18 O.S. 922g), and
- possibly not have a driver's license (47 O.S. § 6-205).
- Be employed in many licensed professions like nursing (59 O.S. § 567.8), engineering (59 O.S. § 475.18), etc
Wait - Wasn’t this Bill Vetoed By The Governor?
The bill was vetoed by the Governor, but was overridden by the Legislature. That means the bill will become law even over the Governor’s objection.
When Does The New Law Take Effect?
The law takes effect on November 1, 2025. If you get a DUI on or after November 1st, you will be subject to the new law.
Our Take: Why The Law Is A Problem
You may be wondering to yourself, why is this even a bad thing? We don’t want intoxicated drivers on the road after all. To understand why this law is a problem, let’s dive a little deeper:
The law Is Too Broad
we need to look at the definition of “Reckless Driving” under Oklahoma Law - specifically, 47 O.S. § 11-901:
“It shall be deemed reckless driving for any person to drive a motor vehicle in a careless or wanton manner without regard for the safety of persons or property or in violation of the conditions outlined in Section 11-801 of this title.”
You’ll notice that “Careless or Wanton” is not a specific thing you did wrong - it's a subjective standard based on perception. Is reckless driving weaving through traffic at 120 MPH? Yes. Could it also be following a little too close on the highway? Yes, that too. Could it even be not “having due regard to the traffic, surface, and width of the highway and any other conditions then existing (47 O.S. § 11-801)?” Maybe – it depends on the arresting officer and the District Attorney.
A law that is too broad creates inequities between different parts of the State. Some Counties will try and charge every DUI as aggravated - some will only charge the most egregious ones as aggravated. Whether you get a felony will become a function of where you live and how good your lawyer is, rather than what the crime actually entails.
Mandatory Jail Time Doesn’t Serve Justice
All DUI charges (under the old law and the new) can receive jail time – it’s just up to the justice system to decide whether that’s appropriate. We give Judges and Prosecutors discretion because we want them to use it - we want them to use more severe punishments when the crime is more egregious, and less severe punishments when it isn’t. That’s why every criminal statute has a range of potential punishments, not a fixed punishment for each crime.
Taking that discretion away and requiring mandatory jail time will virtually guarantee unjust applications of the law in situations that would otherwise demand a less severe punishment.
Mandatory Jail Time Doesn’t Work As A Deterrent
Most people that commit a crime don’t read the criminal code first to know what the punishment for any specific offense is. Don’t take our word for it though:
“Laws and policies designed to deter crime by focusing mainly on increasing the severity of punishment are ineffective partly because criminals know little about the sanctions for specific crimes” - National Institute of Justice Pamphlet on Deterrence
Numerous studies, including one by the National Institute of Justice (the research arm of the Department of Justice) have shown that more severe penalties do little to deter crime.
Bottom Line
The new DUI law that takes effect on November 1, and will likely significantly increase the number of DUIs that are charged as a felony. If you plan to drink, don’t drive – make sure you have a plan and get home safe.
If you’ve been charged with an aggravated DUI under the new law, contact us immediately for a free consultation about your case.