A DUI arrest in Wagoner is always serious, but not every DUI is charged as a felony. While many first-time offenses are treated as misdemeanors, certain circumstances can elevate a DUI to a felony, resulting in prison time, higher fines, a lengthy driver’s license revocation, and a permanent mark on your criminal record. Understanding when a DUI becomes a felony and the process itself can help you protect your rights and make informed decisions about your case.
First-Time DUI vs. Felony DUI in Oklahoma
Most first-time DUI offenses and arrests in Oklahoma are charged as misdemeanors. These cases still carry severe penalties, but they do not rise to the level of a felony unless specific aggravating factors are present. A DUI becomes a felony based on your prior history, the level of danger to others, and whether serious harm occurred.
Below are the most common situations in which a DUI becomes a felony under Oklahoma law.
1. A Second DUI Within 10 Years
A DUI becomes a felony if you have a prior DUI conviction within the last 10 years. Oklahoma uses a “look-back period” to determine whether the new offense should be enhanced.
A second DUI felony may result in:
- Higher fines
- Mandatory treatment
- A longer jail or prison sentence
- Extended license revocation
Because DUI laws are strict, even a single prior conviction puts you at risk for a felony charge.
2. A Third or Subsequent DUI (Lifetime)
Oklahoma law does not limit enhancements after the second offense. A third DUI at any time in your life—even decades after the prior convictions—can be charged as a felony.
Penalties often include:
- Significant prison time
- A lengthy suspension or revocation of your driver’s license
- Court-mandated alcohol treatment and assessments
Judges and prosecutors treat third and subsequent DUI cases seriously, especially if alcohol dependency is suspected.
3. DUI Causing Serious Injury
A DUI automatically becomes a felony if the driver causes an accident that results in great bodily injury to another person. “Great bodily injury” generally means injuries that create a substantial risk of death or cause long-term impairment.
Examples include:
- Broken bones
- Traumatic brain injuries
- Severe lacerations
- Permanent disabilities
The State may pursue felony charges even if this is your first DUI offense.
4. DUI Manslaughter
If a DUI accident results in death, the charge becomes felony manslaughter. Oklahoma recognizes two degrees of DUI manslaughter, depending on the circumstances of the accident. These cases carry some of the harshest criminal penalties in the state, including significant prison sentences.
5. DUI With a Child in the Vehicle
Driving under the influence with a minor in the car can result in felony child endangerment charges—even if no accident occurs. Oklahoma law views impaired driving with a child present as a major risk to their safety, exposing the driver to enhanced penalties.
6. APC (Actual Physical Control) With Prior Convictions
Oklahoma also criminalizes Actual Physical Control (APC), which does not require driving. Being intoxicated in a parked or stopped vehicle can be charged the same as DUI. APC becomes a felony if prior DUI or APC convictions are on your record within the 10-year look-back window.
Why the Distinction Matters
A felony DUI conviction has long-lasting consequences, including:
- Loss of voting and firearm rights
- Barriers to employment and housing
- Increased insurance rates
- Mandatory alcohol treatment
- Lengthy supervision or probation
- Inability to expunge the conviction
Because felony DUI cases carry heavy penalties, having experienced legal representation from the outset is crucial.
How a DUI Defense Attorney Can Help
A skilled Oklahoma DUI defense attorney can evaluate whether:
- The stop was lawful
- The breath or blood test was accurate
- The officer followed proper procedures
- You qualify for reduced charges or alternative sentencing
- Your prior convictions legally qualify for enhancement
Even in felony cases, strong defenses are available—especially when evidence is weak or constitutional issues arise.
Wagoner DUI Defense Attorneys
If you are facing a felony DUI charge in Wagoner County, you do not have to navigate the system alone. Our defense team can investigate your case, challenge the evidence, and work toward the best possible outcome under Oklahoma law. If you’re facing a DUI charge, get a free consultation and discover potential defenses by calling Kania Law – Wagoner Attorneys at 918-283-7394 or get a free online consultation by following this link.
