DUI Causing Great Bodily Injury in Oklahoma: Lessons from the Norman Escalade Crash

The Lost Ogle describes how Sara Polston, the wife of a prominent Norman attorney, drove a Cadillac Escalade through a neighborhood, ran multiple stop signs, and slammed into a car driven by 20-year-old Micaela Borrego. The crash left Borrego with catastrophic brain and physical injuries, while Polston eventually pled guilty to DUI causing great bodily injury under 47 O.S. § 11-904(B)(1) and received a lengthy prison sentence with much of it suspended.

Accused of DUI Causing Great Bodily Injury in Oklahoma?

If you’ve been accused of DUI causing great bodily injury or a serious injury DUI in Oklahoma, reach out for a free consultation. Call us at 405-633-3420 or fill out our online form.

What Happened in the Norman Escalade DUI Case?

According to reports, Polston had a blood alcohol content of about 0.158 and also tested positive for marijuana after the crash. She drove a large Escalade through a residential neighborhood in Norman, allegedly blowing past several stop signs in the rain before hitting Borrego’s car in an intersection. Doorbell video reportedly captured the SUV speeding by seconds before a violent impact.

Because the collision almost killed Borrego and left her with permanent, life-changing injuries, prosecutors charged Polston with DUI causing great bodily injury under 47 O.S. § 11-904(B)(1). She ultimately pled guilty to that charge. She received a 15-year sentence, with all but eight years suspended, meaning several years in prison plus a long tail of supervision.

How DUI Causing Great Bodily Injury Works in Oklahoma

Oklahoma created a specific felony for crashes like this one. Under 47 O.S. § 11-904(B)(1), you can be charged with DUI causing great bodily injury if you:

• Drive or operate a motor vehicle within Oklahoma,
• Are in violation of the basic DUI law in 47 O.S. § 11-902(A), and
• Cause an accident that results in great bodily injury to someone else.

The statute makes this a felony and allows for a fine up to $5,000, in addition to other punishment such as prison time and driver’s license consequences. So you’re not just facing a regular DUI; you’re dealing with a serious injury felony layered on top of it.

OUJI-CR 6-22 and the related instructions break the charge into elements a jury must find beyond a reasonable doubt, including that you caused the accident, were under the influence as defined by DUI law, and that the crash happened on a qualifying road or place. If the State can’t prove any one of those pieces, the felony charge can fall apart.

What “Great Bodily Injury” Means in Oklahoma DUI Cases

“Great bodily injury” isn’t just any injury. Jury instructions explain that it means serious harm that creates a substantial risk of death, causes serious or permanent disfigurement, or leads to long-term loss or impairment of a body part or organ. So broken bones, brain injuries, and injuries that forever change how you move, think, or function usually qualify.

In the Norman case, Borrego spent weeks in a coma, needed extensive rehab, and still lives with significant disability. Those facts fit exactly the type of harm Oklahoma courts look at when deciding whether an injury rises to the level of “great bodily injury” for 47 O.S. § 11-904(B)(1).

Other Oklahoma Crimes That Can Arise from a Serious DUI Crash

In a severe crash, prosecutors often stack or consider multiple charges. Besides DUI causing great bodily injury under 47 O.S. § 11-904(B)(1), you might see:

• Base DUI – 47 O.S. § 11-902 covers driving under the influence of alcohol, drugs, or a combination of both.
• Personal injury accident while DUI – 47 O.S. § 11-904(A) addresses injury accidents involving a DUI driver even without “great bodily injury.”
• Negligent homicide – If someone dies, 47 O.S. § 11-903 can apply for death caused by a DUI-related crash.
• Aggravated DUI – For very high BACs or certain priors, aggravated DUI enhancements under 47 O.S. § 11-902(D) can stack on top.
• Assault-type felonies – In some situations, prosecutors look at aggravated assault and battery or assault with a dangerous weapon, especially when conduct seems almost like weaponizing the car.

Because every accusation carries its own elements and defenses, the exact charging decision can dramatically change your exposure. However, once serious injury is on the table, the State has many tools to push for a felony conviction and prison time.

Evidence and Procedure in an Oklahoma DUI Great Bodily Injury Case

In Polston’s case, investigators reportedly relied on doorbell camera footage, witness accounts, speed estimates near 68 mph, a BAC of 0.158, and a positive test for marijuana. In your case, the State may also use patrol-car video, crash reconstruction experts, black-box data, and medical records from the injured person.

Because 47 O.S. § 11-904(B)(1) ties directly to the basic DUI law, you’re still dealing with Oklahoma’s implied-consent rules and strict evidence requirements for breath or blood tests. So problems with the stop, the arrest, or the handling of the chemical test can ripple into the injury felony as well.

Pretrial, you’ll also face bond and release decisions. Recent legislative changes have tightened rules for DUI bail decisions, especially in crashes involving serious injury. Judges now look closely at public-safety risk, prior record, and the severity of alleged harm before setting conditions that let you out of jail.

Sentencing, Restitution, and Civil Fallout

A conviction for DUI causing great bodily injury exposes you to a felony record, prison time, long supervision, and a heavy fine of up to $5,000. In the Norman case, the reported outcome was a 15-year sentence with about eight years suspended, plus a multi-million-dollar civil settlement for the victim’s lifetime care.

On top of criminal sentencing, you can expect restitution claims, a separate civil lawsuit, and long-term driver’s license consequences. So even after you finish any prison time, you’re still dealing with insurance issues, financial pressure, and strict supervision. Because of that, the plea-bargaining strategy in a case like this becomes crucial.

Possible Defenses and Strategies in Oklahoma DUI Great Bodily Injury Cases

Every case turns on its own facts. However, several themes come up often when you fight a 47 O.S. § 11-904(B)(1) charge:

• Causation – Your lawyer can examine whether your alleged DUI actually caused the accident and the great bodily injury.
• Level of injury – Sometimes medical records don’t support the State’s claim of “great” bodily injury as defined in the OUJI instructions.
• DUI proof – Breath or blood tests carry strict rules; bad procedures can weaken the core DUI element.
• Video and reconstruction – Camera footage, skid marks, and vehicle damage can support a different narrative about speed, visibility, or fault.

Even when the evidence feels overwhelming, you still have options. You can challenge parts of the case, seek charge reductions, or argue for a sentencing outcome that doesn’t destroy your future. The key is to act quickly and get help before you speak to police or insurance adjusters.

FAQs About DUI Causing Great Bodily Injury in Oklahoma

What is DUI causing great bodily injury in Oklahoma?

In Oklahoma, DUI causing great bodily injury under 47 O.S. § 11-904(B)(1) means you allegedly drove or operated a motor vehicle while committing DUI and caused an accident that seriously injured someone else. It’s a felony charge that goes beyond a standard DUI because of the level of harm involved.

How does Oklahoma define “great bodily injury” in DUI cases?

Oklahoma jury instructions explain that great bodily injury means serious physical harm that creates a substantial risk of death, causes significant or permanent disfigurement, or results in long-term loss or impairment of a body part or organ. So not every bruise or minor fracture qualifies; courts look at how severe and lasting the injury really is.

What penalties can you face for DUI causing great bodily injury in Oklahoma?

If you’re convicted of DUI causing great bodily injury in Oklahoma, you face a felony, potential prison time, fines up to $5,000, long probation or suspended time, and major driver’s license consequences. You’ll usually also deal with restitution in the criminal case and a separate civil lawsuit for damages.

Can you go to prison in Oklahoma for a first-time DUI that causes serious injury?

Yes. Even if this is your first DUI in Oklahoma, a crash that causes great bodily injury can lead to a felony conviction and prison time under 47 O.S. § 11-904(B)(1). Judges look at the severity of the victim’s injuries, your BAC, your conduct before the crash, and your history when deciding how much of the sentence you’ll actually serve.

What defenses might apply to a DUI causing great bodily injury charge in Oklahoma?

Possible defenses in an Oklahoma DUI causing great bodily injury case include challenging whether you actually caused the accident, disputing whether the injuries meet the “great bodily injury” standard, attacking the legality or accuracy of breath or blood tests, and highlighting problems with crash reconstruction or witness accounts. A strong defense strategy focuses on each required element of 47 O.S. § 11-904(B)(1) and forces the State to prove every piece beyond a reasonable doubt.

Contact The Urbanic Law Firm

If you’ve been charged with DUI, DWI, APC, or any other criminal offense in Oklahoma, contact The Urbanic Law Firm today. Call 405-633-3420 or fill out our form.
Based in Oklahoma City and serving clients statewide.

This page is for informational purposes only and is not legal advice. Every case is unique; consult an attorney about your specific situation. Page last updated December 12, 2025. Consult the statutes listed above for the most up-to-date law.