What Are The Aggravating Factors For DUI Charges?

Aggravating Factors For DUI ChargesIn Oklahoma, there is a charge of aggravated DUI, which means that the individual had a blood or breath alcohol concentration of 0.15 or more. That’s governed by 47 OS § 11-902. If someone is convicted of aggravated DUI, there is a requirement to have to have an interlock device for at least 90 days per that statute.

A DUI is an enhanceable offense, which means that a previous conviction (or even plea) can be used to enhance the current charge to a more severe penalty. Additionally, 47 OS § 11-904 addresses people involved in an accident while under the influence of alcohol or other intoxicating substances. If you injure someone, whether it’s a general personal injury or you injure them to the extent that is considered a great bodily injury, then the fact that you’ve previously been convicted or you were driving in violation of the DUI laws will be used to enhance your penalties.

Child endangerment, as addressed in 21 OS § 852.1, can enhance a DUI charge. It states that child endangerment is committed when someone knowingly permits a child to be present in a vehicle when you know or should have known that the operator of the vehicle is impaired by or is under the influence of alcohol or other intoxicating substance.

What Are The Potential Penalties For A DUI Conviction In Oklahoma?

The penalties for a DUI conviction are governed by 47 OS § 11-902. If you’re charged for the first time with a DUI, it’s most likely going to be charged as a misdemeanor. If you were to get convicted, then the range of jail time is from 10 days to a year. However, in Oklahoma that’s highly unlikely, as you will usually end up some sort of deferred sentence.

For a second time DUI, if within during any probationary term or within 10 years of the date following the completion of the execution of any sentence or deferred judgment for DUI, then you will be guilty of a felony upon conviction. The way to think about this with the 10 years is that let’s say you have a deferred judgment for two years, it ends, then the 10-year clock starts ticking. The second DUI essentially becomes separate in Oklahoma. The penalties for that would be from one year to five years in the Department of Corrections and a fine of up to $2,500. If someone gets convicted of a second felony offense, which would be the actual third DUI conviction, then the time in the Department of Corrections is from one year to 10 years and a fine of $5,000. Lastly, if someone is convicted of a third or subsequent felony offense, then he or she can be placed in the custody of the Department of Corrections for a time of one year to 20 years and a fine of up to $5,000.

For more information on Aggravating Factors For DUI Charges, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.