What Are the Legal Consequences of a Second DUI Offense in Oklahoma?

Driving while under the influence of alcohol (DUI) is a criminal offense in Oklahoma and carries serious consequences, particularly for repeat offenders. It’s imperative to consult a DUI lawyer in Oklahoma City as quickly as possible if you are arrested.

Understanding the Significance of a Second DUI Offense

If you’ve been arrested for DUI before, you may assume that you’ll be subjected to the same process. However, Oklahoma law typically treats first offenses as a misdemeanor and second DUI offenses as a felony. In order for the second DUI to be treated as a felony, the second offense must occur within 10 years of the first DUI. This 10-year period runs from the expiration of the sentence for the first conviction.

A previous DWI conviction does not count towards a second DUI conviction. Only prior convictions for DUI or ACP will count.

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Are the Penalties for First and Second DUI Offenses Different?

Due to the differences in how the offenses are classified, the potential penalties vary in severity. For the first DUI offense, you could receive a jail sentence of  10 days to one year and a fine of up to $1000. For a second offense, you could be jailed for 1-5 years and fined up to $2500, plus court costs. You may receive a deferred sentence for the first offense, but for a second DUI offense one year in jail is usually mandatory.

The court will usually also ask for you to undergo an assessment to consider whether rehab is required, and you may have to attend a Victim Impact Panel. When your license is returned, an ignition interlock device will typically be installed for at least one year.

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Are There Any Other Differences in a Felony Conviction?

A felony conviction doesn’t just carry heavier penalties; there are also consequences that will have a long-term impact. These restrictions will apply in every state, not just in Oklahoma, and may vary slightly. However, as a general rule, a felony conviction may prevent:

  • Possession of firearms
  • Fostering or adopting children
  • Jury service
  • Administering an estate
  • Holding public office (for at least 15 years post-conviction)
  • Employment in key industries such as health, law, or security
  • Access to public housing

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Are There Any Other Differences in a Felony Conviction?

This is not an exhaustive list. Further restrictions may apply to any individual with a felony conviction which is why legal representation is so vital.

Can a DUI Lawyer in Oklahoma City Help?

A DUI lawyer can provide many different types of assistance if you have been arrested for a second DUI offense. This could include challenging the evidence, checking that the proper process has been followed and negotiating with prosecutors. A skilled lawyer will examine everything to ensure that your rights haven’t been violated and will advocate on your behalf in the strongest possible terms. Find out more about how a lawyer could help you with your case.

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A second DUI offense is a serious matter that carries consequences that are potentially life-changing. Getting proper legal advice urgently is vital to ensure that your rights are fully respected and that the best possible outcome is attained.

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