For a very brief time, our DUI statute gave prosecutors the discretion to not use a prior DUI to enhance the punishment on a subsequent DUI. The discretion in this statute was removed when HB 2643 went into effect on April 23, 2018. This discretion was in our DUI law from November 1, 2016-April 23, 2018.
Enhancements possible under our DUI law:
- Second DUI is a felony (generally–subject to various restrictions and exceptions)
- DUI after first felony DUI conviction is 1-10 years in prison
- DUI after two felon DUI convictions is 1-20 years in prison
This isn’t that big of a deal for two reasons. First, the prosecutors hardly–if ever–used this discretion. The typical prosecutor will usually try to maximize all enhancement possible. Second, there’s another law that gives a prosecutor the discretion to charge a non-85% crime as a misdemeanor. Therefore, a prosecutor could theoretically choose to charge all of the above as misdemeanors. Again, prosecutors hardly, if ever, take advantage of that discretion. That discretion remains the law today, and I highly doubt any prosecutor will put it to use. Therefore, if you are arrested for a second (or subsequent) DUI, expect for the prosecutor to go for enhancing your sentence to the maximum extent possible.
Arrested for DUI in Oklahoma? Call Oklahoma DUI attorney Frank Urbanic in OKC at 405-633-3420.