In Oklahoma, driving under the influence (DUI) can lead to a felony charge. In this scenario, the defendant could face harsher penalties, such as jail time and steep fines.
Those dealing with an impaired driving charge in the state will need to understand when a charge is a misdemeanor and when it turns into a felony. The distinction can be critical when developing a comprehensive defense strategy in court.
Drunk driving: Is it a misdemeanor or a felony?
Typically, a first-time offense is considered a misdemeanor. However, this quickly changes if there are previous convictions.
According to state law, a second or subsequent DUI offense can be elevated to a felony if it occurs within a specific timeframe. In Oklahoma, this timeframe is ten years. This means that if a person has a prior DUI within the last decade and is arrested for another, the state can pursue felony charges based on their record.
Moreover, aggravating factors could escalate a misdemeanor DUI to a felony. For example, an intoxicated driver caused an accident that led to serious bodily injury or death. They could face a felony charge instead of a misdemeanor.
Another factor that could lead to a felony charge is having a passenger under the age of 18. A drunk driver could face felony charges if they have a minor with them in their vehicle, even if it is their first offense.
The importance of working with a criminal defense lawyer
A DUI felony charge in Oklahoma presents severe consequences. Those facing this legal issue need proper legal support from an experienced criminal defense lawyer.
Their advice is important for developing a robust defense strategy. They can ensure that the defendant understands all their options so they can make informed decisions regarding their defense.