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.
Sources: HB 2643 and 47 O.S. 11-902
Arrested for DUI in Oklahoma? Call Oklahoma DUI attorney Frank Urbanic in OKC at 405-633-3420.