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Sentence Enhancements for DUI in Oklahoma

Under Oklahoma law, certain acts or circumstances can increase your punishment. As stated above, the more DUI convictions you get within a ten year period, the harsher the punishment. However, there are other actions that increase your sentence.

The first is a high BAC. Under Oklahoma law, having a 0.08 BAC while driving constitutes a DUI. If, however, you are caught driving with a 0.15 or higher, you are deemed to be guilty of aggregated driving under the influence (ADUI). As punishment, you shall participate in an assessment and evaluation certified by the Department of Mental Health and Substance Abuse Services. You shall comply with all the recommendations for treatment. Furthermore, you shall be sentenced to 1 year supervision and periodic testing at your own expense. Accordingly, you will be required to do 480 hours of community service and an ignition interlock system will be placed on your vehicle for 30 or more days. These punishments apply to all DUI. So if you first DUI was over 0.15 BAC, you will face all these penalties plus all the penalties for a first offense DUI.

The second enhancement is committing a felony. You will be charged with a felony, if found guilty of two or more DUI within 10 years of the previous conviction. In its discretion, the court may impose electronic monitoring.

The third enhancement is age. To qualify for the age punishment, you need to be over 18 and the driver of the vehicle. Accordingly, you must have committed a DUI with a passenger under 18. As punishment, your fine ($1000 or $5000) is doubled to $2,000 or $10,000.

The fourth and final enhancement is causing great bodily injury to another. Great bodily harm is defined as bodily injury that creates a “substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.” The penalties ranges anywhere from simple misdemeanor to felonies.

If this is your first DUI offense and you cause serious bodily injuries to another, you are guilty of a misdemeanor. Your punishments are as follow

  • imprisonment for not less than 90 days but not more than 1 year, and
  • $2,500 fine.

If you were previously convicted of a DUI or causing bodily injuries to another, your second or subsequent conviction is a felony. Your punishments are as follow

  • Not less than 1 year and not more than 5 years, and
  • $ 5,000.

Furthermore, if you were intoxicated and caused an accident that resulted in great substantial injuries, you are guilty of a felony. You punishments are as follow

  • Not less than 1 year and not more than 5 years, and
  • $ 5,000.

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