Often someone is arrested or perhaps they’ve already been to court and they’ve been charged and it’s their second DUI. And so the question off often arises is what’s going to happen? And what they’re referring to is they probably want to know whether this DUI is going to be charged as a felony.
Enhanced Prison Time for a Second DUI Conviction
In Oklahoma, second DUIs, if they occur within 10 years of the end of a sentence from your previous misdemeanor DUI, can be filed as a felony. That changes the range of punishment from one year for the misdemeanor to five years, potentially, for the felony. And so to answer the question, whether or not it’ll be filed as a felony depends on two things primarily: 1) when was the prior misdemeanor DUI 2) where did it occur.
The prior misdemeanor DUI has to have occurred occur within 10 years. That starts from the completion of the sentence of the misdemeanor DUI up to the time of the new arrest. The statute used to state that it was 10 years from the time of the conviction. And so it did not matter when you completed the sentence, it was the time of the conviction. And over the past few years, there are some cases that I’ve had where that makes a difference. The person’s completion of their sentence may be within 10 years, but the conviction is outside the 10-year period. And so that can be an important thing to look at.
And so the second one is where. Where did it occur? And this can be where a prior DUI is out of state – California, Georgia, Florida, wherever. Note that there may not be sufficient records that the local district attorney can get a hold of to verify that there is a prior conviction to use as a predicate to make your new offense a felony. And there are also misdemeanor DUI convictions, and often these are courts that are not courts of record, where again, the district attorney cannot get sufficient records to verify there is a prior DUI.
If you have a prior DUI arrest, it’s best to just stay quiet about it – let the authorities bring it up if they find out about it. At that point you can deal with it. But if they don’t and it’s filed as a misdemeanor, certainly consider yourself fortunate. It’s important, as with most criminal cases, to contact a Bartlesville DUI attorney sooner rather than later.
Aside from increase prison time, here are some other penalties for a second DUI in Oklahoma:
Hefty fines: In addition to jail time, you may face fines ranging from $1,000 to $2,500 for a second DUI offense.
Mandatory alcohol and drug treatment: You may be required to participate in an alcohol and drug assessment, followed by a treatment program as recommended by the assessor.
Driver’s license suspension: A second DUI conviction can result in a one-year driver’s license suspension, followed by a four-year restriction period during which you must use an ignition interlock device (IID) in your vehicle.
Vehicle impoundment: Your vehicle may be impounded for a period of time determined by the court.
Increased insurance rates: A second DUI offense will likely lead to increased auto insurance premiums, as you will be considered a high-risk driver.
Free Consultation with an Oklahoma DUI Attorney
Getting convicted of a second DUI in Oklahoma can have devastating consequences for your life. To speak with an Oklahoma DUI lawyer, call Wirth Law Office – Bartlesville today at (918) 213-0950, or fill out the short form at the top right of this page. Regardless of how you contact us, a Bartlesville DUI lawyer will be in touch with you shortly.