Most drivers know that drinking while driving is a serious crime. In Oklahoma, however, the law recently changed, making certain situations much more dangerous for your legal record. People call these aggravated DUI cases. It is important to know that in Oklahoma, driving while impaired (DWI) and driving under the influence (DUI) are different. You cannot have an aggravated DWI. The “aggravated” label only applies to DUIs.
What makes a DUI aggravated in Oklahoma
Senate Bill 54 made the rules for Aggravated DUI much stricter. With this law, prosecutors can now charge you with an aggravated DUI if any of the following are true:
- High alcohol levels: Your blood alcohol concentration (BAC) is 0.15% or higher.
- Minor passengers: You are driving with a child in the car while under the influence.
- Accidents: You cause a car crash that results in injuries.
- Running from police: You try to elude a police officer while driving under the influence.
If any of these things happen, the law no longer treats the case as a simple mistake. It moves to the aggravated level immediately.
Why the penalties are much higher
The biggest change in the new law is that Oklahoma now classifies all aggravated DUIs as felonies. In the past, courts might have treated a first offense as a misdemeanor. Now, even if this is your first arrest, the law treats an aggravated DUI as a felony charge.
A felony stays on your record and can make it very hard to find a job or rent a house. Other penalties include:
- Mandatory time in state prison
- Very high fines
- Having an ignition interlock device (a breathalyzer) in your car for a long time
- Required alcohol treatment programs
Felony charges can also limit housing and loan opportunities. They can affect professional licenses and background checks for many years.
What to know before making legal decisions
Oklahoma’s laws now rank among the toughest in the country. Because an aggravated DUI is a felony from the very first offense, the stakes are higher than ever. If you face these charges, speaking with a lawyer can help you understand your rights and legal options.