Aggravated DUI
An aggravated DUI in Oklahoma is a felony charge with consequences that can extend far beyond the criminal case. Unlike a standard DUI, aggravated DUI is based not only on allegations of driving under the influence, but also on specific circumstances surrounding the arrest.
A Smart Defense represents clients facing aggravated felony DUI charges throughout Oklahoma. Attorney Alexa Smart personally handles your case from beginning to end, examining the traffic stop, body-camera footage, field sobriety testing, breath or blood evidence, and the specific factor the State is relying on to elevate the DUI charge.
OKLAHOMA DUI LAW
What Is Aggravated DUI in Oklahoma?
Aggravated DUI is a Class B3 felony under Oklahoma law.
A DUI becomes aggravated when the State alleges that the underlying DUI occurred together with one or more circumstances specifically identified by Oklahoma law.
These circumstances include:
A DUI can also be filed as a felony if you are charged with DUI within 10 years of the end of the sentence of any prior DUI.
First time repeat offenders will be charged with a C2 felony offense carrying up to 7 years in the Department of Corrections.
Repeat offenders with one prior DUI felony conviction will be charged with a B4 felony offense and risk 1 to 10 years in the Department of Corrections.
Repeat offenders with two prior felony convictions for DUI will be charged with a B3 felony offense and risk 1 to 20 years in the Department of Corrections.
A thorough analysis of your history and the facts and circumstances surrounding your case is essential to ensure you are not being overcharged by the prosecution. Oklahoma’s DUI laws are constantly changing and are extremely complex. A Smart Defense will analyze your case and make sure you know exactly what you are facing and what your risk exposure is.
SENTENCING & PENALTIES
Penalties for Aggravated DUI in Oklahoma
The aggravated DUI penalties in Oklahoma depend in part on the underlying level of the DUI offense.
Aggravated DUI is a felony, and Oklahoma law imposes additional requirements and periods of mandatory confinement that cannot simply be suspended, deferred, or probated.
For a first-offense aggravated DUI, the first 10 days of the sentence are not subject to probation, suspension, or deferral.
For a second-offense aggravated DUI, the first 30 days are not subject to probation, suspension, or deferral and are served in county jail.
Additional mandatory confinement applies to subsequent offenses.
A conviction may also carry additional requirements including:
A felony conviction can also affect employment, housing, professional licensing, firearm rights, custody issues, and your permanent criminal record.
If you're researching second DUI Oklahoma penalties, don't assume they match aggravated DUI penalties in Oklahoma — a repeat DUI and an aggravated DUI can both be felonies, but they become felonies for different reasons and may carry different sentencing provisions.
If you are facing an aggravated DUI in Oklahoma or any other felony DUI in Oklahoma, getting an attorney involved early can be critical to protecting your rights and identifying weaknesses in the State’s case.
Contact A Smart Defense to speak directly with Alexa about your case.
WHEN INJURIES ARE INVOLVED
DUI Causing Great Bodily Injury in Oklahoma
A DUI involving a serious accident or significant injury requires careful analysis because injury-related DUI cases may involve additional or different criminal charges depending on the circumstances.
A DUI causing great bodily injury in Oklahoma should not automatically be treated as simply another aggravated DUI case. The actual charges filed, the nature of the alleged injuries, and the evidence concerning what caused the collision all matter.
OUR DEFENSE APPROACH
How We Defend Against Aggravated DUI Charges
There is no universal defense to aggravated DUI. The appropriate strategy depends on the facts of the arrest, the evidence supporting the DUI allegation, and the aggravating circumstance the State is relying on.
Challenging Breath and Blood Evidence
Breath and blood testing can become particularly important when the State alleges a BAC of 0.15 or higher.
The fact that a test produced a number does not mean that number should automatically be accepted as accurate.
The defense may examine:
When 0.15 is the threshold being used to elevate the offense, the accuracy of that evidence matters.
Challenging the Aggravating Factor
Even if the State believes it can prove the underlying DUI, it must still prove the circumstance that allegedly makes the DUI aggravated.
Depending on the case, that can mean examining questions such as:
Challenging the aggravating circumstance may be just as important as challenging the underlying DUI.
WORKING WITH ALEXA SMART
Your Attorney, Not a Case Manager
When you hire A Smart Defense, you hire your attorney — not a case manager, not a junior associate, and not someone you have never met. Alexa Smart handles the legal work on every case herself: reviewing the evidence, building the strategy, and making the calls that matter, from the initial consultation through resolution.
Criminal charges are personal. Your defense should be too.
AGGRAVATED DUI FAQS
Frequently Asked Questions About Aggravated DUI in Oklahoma
What makes a DUI a felony in Oklahoma?
A DUI becomes a felony either as aggravated DUI under 47 O.S. § 11-902(D) or as a second or subsequent DUI offense within the applicable statutory period.
Aggravated DUI can be based on a BAC of .15 or higher, an accident, certain traffic violations, eluding law enforcement, driving 20 or more miles per hour over the speed limit, having a passenger under 18, or reckless driving.
A second or subsequent DUI can separately become a felony when it occurs within 10 years of the end of a prior DUI sentence under § 11-902(C).
Can an aggravated DUI be reduced to a misdemeanor?
In Oklahoma's current DUI practice, reduction to a misdemeanor is uncommon and depends on the specific facts and evidence in the case.
Defense strategies focus on challenging both sides of the aggravated DUI allegation: whether the State can prove the underlying DUI and whether it can prove the aggravating factor being used to elevate the charge to a felony.
Will I go to prison for aggravated DUI?
Aggravated DUI carries mandatory non-suspendable jail time that increases based on the offense level.
For a first offense, the first 10 days cannot be probated, suspended, or deferred. For a second offense, the first 30 days cannot be probated, suspended, or deferred. Each subsequent offense adds 30 additional days of mandatory confinement.
A Smart Defense will discuss strategies with you regarding this mandatory time.
Can I get my license back after a felony DUI?
Yes, but driver's license consequences are separate from the criminal case.
Reinstatement depends on completing the applicable requirements, which may include required programs, ignition interlock compliance, and the Service Oklahoma reinstatement process.
Can an aggravated DUI be expunged?
A felony DUI conviction may be eligible for expungement after all required terms and waiting periods under Oklahoma law have been completed, depending on the disposition of the case and the person's eligibility.
Sentence modification may also be available in some cases.
How long does a felony DUI case take?
Felony DUI cases typically take 6 to 12 months, although some take longer.
The timeline depends on the complexity of the evidence, whether motions are filed and litigated, negotiations with the prosecution, and whether the case ultimately proceeds to trial.
Aggravated & Felony DUI Defense Throughout Oklahoma
A Smart Defense represents clients facing aggravated DUI and felony DUI charges throughout Oklahoma, including Oklahoma City, Edmond, Norman, Moore, Midwest City, and surrounding communities.
A Smart Defense handles serious DUI cases throughout Oklahoma.