Like all states, Oklahoma prohibits driving under the influence (DUI) of drugs or alcohol. The State takes alcohol- and drug-related driving offenses very seriously and for good reason. Alcohol-related crashes injure nearly 2,500 and kill approximately 220 Oklahomans each year. Looking across the U.S., 32% of all traffic fatalities in 2022 involved at least one driver who was alcohol-impaired.
If you were pulled over for drunk driving in Oklahoma and this isn’t the first time, you will likely face some grim consequences. Here’s how a second offense DUI could affect your personal life and job.
Basics of Oklahoma DUI Laws
Before getting into what happens if you’re convicted of a second DUI in Oklahoma, let’s back up to review some key points of law:
- Being charged with a DUI means your blood alcohol content (BAC) was between 0.08 and 0.14. You will be charged with an aggravated DUI if your BAC is 0.15 and above.
- A DUI is a predicate offense. This means the punishment gets more severe for second and subsequent DUIs than it was for your first.
- Your criminal history, the county where your DUI was committed, and the prosecutor handling your case will always play a factor in your sentencing.
First-Time DUI
A first-time DUI conviction will involve these legal repercussions, which ideally will not impact your life much longer than a year or so, provided you follow court mandates:
- Classified as a misdemeanor
- Jail time from 10 days to 1 year (in actuality, most first-time offenders have their sentences deferred or suspended and don’t go to jail, absent aggravating circumstances)
- Fines up to $1,000, in addition to court costs and other fees
- Potential restrictions on your driver's license
Keeping in mind that a DUI is a predicate offense In Oklahoma, you can expect the consequences for your second and any subsequent convictions to be harsher than the first.
Second Offense DUI in Oklahoma
Unlike a first-time DUI, which is typically treated as a misdemeanor, a second offense is classified as a felony in Oklahoma if it occurred within 10 years of your first offense. This timespan is known as the "lookback period.” As you would expect, the impacts of a second DUI conviction are much more serious than the first.
Second-Time DUI
- Classified as a felony if it occurs within 10 years of the first DUI
- Jail time ranges from 1 to 5 years
- Fines up to $5,000, in addition to court costs and other fees
- potential restrictions on your driver's license
Note that those with multiple DUI offenses, such a third or subsequent DUI charge, will face heavier penalties and fines. The penalties and fines can also double if a minor was present in the vehicle during the offense.
Also, if you seriously injure or kill someone while driving under the influence, the law is completely different. The punishment will be much more severe, depending on the specifics of your case.
Fine Print About the Lookback Period
The lookback period applies even if your previous DUI occurred in another state. If you were arrested for a DUI during the lookback period but were not convicted, any subsequent arrests are considered first offenses.
Fighting Your DUI Charges
If you’ve been charged with a second offense DUI, the fallout will be worse than the first conviction. Get help from a lawyer, especially if your case involves an injury or fatality. An experienced DUI attorney will guide you through what to expect and how to handle the charges against you, and will help you get the best possible outcome. Contact our team today for a free case evaluation.