Understanding the difference between a misdemeanor and felony DUI is critical to your defense. Driving under the influence (DUI) is a serious offense in Oklahoma, but not all DUI charges are the same. Depending on the circumstances, a DUI can be charged as either a misdemeanor or a felony, each carrying different legal consequences. Understanding the key differences between the two can help individuals facing DUI charges in Tulsa County make informed decisions about their defense strategy.
Misdemeanor DUI in Tulsa County
A first-offense DUI in Oklahoma is typically charged as a misdemeanor under 47 O.S. § 11-902. A Misdemeanor DUI charge is usually a first time DUI for the person being charged. Its also a misdemeanor DUI if any prior DUI convictions are over ten years old. A person may face a misdemeanor DUI charge if they:
- Have no prior DUI convictions within the past 10 years
- Were arrested with a blood alcohol concentration (BAC) of 0.08% or higher
- Were driving under the influence of alcohol or drugs but did not cause serious injury or death
Penalties for a First-Offense Misdemeanor DUI
If convicted of or taking a deferred sentence on a misdemeanor DUI, the penalties may include:
✔️ Jail Time: 10 days to 1 year in county jail.
✔️ Fines: Up to $1,000. You will also be required to serve a period of DA supervised probation and might be required to serve a period of community service.
✔️ License Suspension: 6-month driver’s license suspension. You can mitigate this by complying with the Oklahoma IDAP program allowing you to drive to and from work. If you have a CDL you face immediate suspension of your CDL
✔️ Ignition Interlock Device (IID): May be required for reinstatement. Meaning that if you cant just surrender your driving privileges for the period of probation.
✔️ DUI Education & Assessment: Mandatory alcohol and drug assessment and participation in treatment programs if required. This is part of any deal negotiations or other sentencing.
Second DUI Offense – Still a Misdemeanor?
A second DUI offense within 10 years of a prior conviction is usually charged as a felony. However, if the second DUI occurs more than 10 years after the first, it may still be a misdemeanor but with harsher penalties.
Felony DUI in Tulsa County
A DUI becomes a felony under certain conditions, such as:
- A Second DUI Within 10 Years – A second DUI conviction within 10 years of a prior DUI will result in a felony charge under 47 O.S. § 11-902(C).
- Third or Subsequent DUI Offenses – Any third or subsequent DUI, regardless of how long ago the previous offenses occurred, is automatically a felony.
- DUI with Great Bodily Injury (DUI with Aggravating Factors) – If a DUI results in serious injury to another person, it becomes a felony under 47 O.S. § 11-904(B).
- DUI with a Minor Passenger (Child Endangerment DUI) – Driving under the influence with a child under 18 years old in the vehicle can elevate the charge to a felony under 21 O.S. § 852.1.
- DUI While on Probation or With a Suspended License – If someone is already on probation for a previous DUI or driving on a suspended or revoked license, a new DUI may result in felony charges.
Penalties for a Felony DUI Conviction
Felony DUI charges carry much steeper penalties than misdemeanor DUIs. These may include:
Prison Time: 1 to 20 years (depending on the offense)
Fines: Up to $5,000
License Revocation: 1 to 3 years
Mandatory IID: Required for reinstatement of driving privileges
Substance Abuse Treatment: Court-ordered rehabilitation or drug/alcohol treatment programs
Felony Record: A felony conviction can permanently impact employment, housing, and gun ownership rights
Defending Against DUI Charges in Tulsa County
Whether charged with a misdemeanor or felony DUI, you have legal options to fight your case. A strong DUI defense may include:
✔️ Challenging the accuracy of breathalyzer or blood test results. This is a common defense that tests the calibration or use of the breathalyzer itself.
✔️ Questioning whether there was probable cause for the traffic stop. This is an entry level defense. If the stop is without probable cause the case might be thrown out.
✔️ Investigating whether police followed proper procedures during the arrest
✔️ Examining whether medical conditions or other factors affected BAC results
Criminal Defense in Tulsa County
If you are facing a DUI charge in Oklahoma, time is critical. Our Tulsa County DUI defense team has helped countless people with both misdemeanor and felony DUI charges throughout the state. When charged with a DUI there are a series of things you should be concerned with and we can answer all of your questions. For a free consultation with a DUI attorney at Tulsa County Lawyers Group call us at 918.379.4864. Or if you like you can follow this link to ask an online legal question.
