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Felony DUI The Difference Between Ordinary & Excellent

Felony DUI Attorney in Norman, OK

Oklahoma Felony DUI Laws

Under the best of circumstances, being arrested and convicted for driving under the influence (DUI) in Oklahoma can make you lose your license for a month and pay $1,000 in fines. If your DUI charge has grounds for being escalated to a felony, your situation will be more dire.

Penalties for a felony DUI in Oklahoma include:

  • 1 to 10 years of incarceration
  • Up to $5,000 in fines
  • 1-year license suspension
  • Ignition interlock device (IID) installation

If you live in Oklahoma and have been charged with a felony DUI, take a moment to discuss your legal options with our Norman criminal defense lawyers from the Law Offices of Keith J. Nedwick, P.C. With the help of our highly-experienced, highly-praised litigators, you may be able to challenge the prosecution and have your charges fully dismissed.

Charged with a felony DUI? Let us fight for your future. Contact us at (866) 590-8173 today for a consultation.

How a DUI Becomes a Felony

A DUI is a misdemeanor in Oklahoma by default but there are some circumstances that will automatically push a DUI into felony status.

A DUI may become a felony charge if you have:

  • Another DUI conviction within the last 10 years.
  • Two or more prior DUI convictions on your record.
  • Injured someone due to intoxicated driving.
  • A child in your vehicle when you are arrested.

In addition to the aforementioned penalties, a felony DUI conviction will carry with it the same consequences as any other felony. Educational organizations, employers, landlords, and even creditors can turn you away for having a felony mark on your record. You could also lose some of your constitutional rights if you are a felon, including your right to carry a firearm, vote in certain elections, and leave the country.

Common Defenses Against Felony DUI Charges

If you’ve been charged with a felony DUI, there are several common defenses your attorney may use to challenge the charges:

  • Lack of Probable Cause for the Traffic Stop:
    If law enforcement did not have a valid reason to pull you over, any evidence obtained during the stop may be inadmissible in court. A defense could argue that the officer had no reasonable suspicion of impaired driving, which would invalidate the DUI charge.
  • Unreliable Breathalyzer or Blood Test Results:
    Breathalyzer and blood tests are commonly used to determine BAC (blood alcohol content), but they are not always accurate. The device may malfunction, or the sample may be contaminated, leading to false results. If the test was improperly administered, your lawyer may argue that the results cannot be trusted.
  • Violation of Procedural Rights During Arrest:
    During your arrest, officers are required to follow specific procedures, including informing you of your rights. If they fail to do so (such as not reading your Miranda rights), any evidence obtained during the arrest may be challenged.
  • Issues with the Arresting Officer’s Testimony or Conduct:
    Sometimes, the arresting officer may make errors in their testimony or fail to follow standard protocol. A defense could highlight inconsistencies or misconduct in the officer’s actions, weakening the case against you.

Impact of a Felony DUI on Employment

A felony DUI conviction can have long-lasting effects on your ability to find and keep a job:

  • Difficulty Securing or Maintaining a Job:
    Many employers conduct background checks and may hesitate to hire someone with a felony DUI conviction, especially in roles that require driving or handling sensitive responsibilities.
  • Impact on Professional Licenses:
    Certain professions, like healthcare, teaching, or law enforcement, require licenses to practice. A felony DUI conviction may result in the loss or suspension of your professional license, limiting your career options.
  • Employer Policies and Background Checks:
    Employers often have policies against hiring individuals with felony convictions. This could prevent you from being considered for a job, especially if a background check reveals your DUI conviction.

The Role of Ignition Interlock Devices (IIDs)

After a felony DUI conviction, you may be required to install an Ignition Interlock Device (IID). Here’s how it works and what you should know:

  • Installation Process and Costs:
    An IID is a small device installed in your vehicle that requires you to blow into it before starting the car. Installation usually involves a fee, and you’ll need to cover ongoing maintenance and monitoring costs, which can add up over time.
  • How the IID Monitors Alcohol Consumption:
    The device measures your BAC before allowing the vehicle to start. If alcohol is detected, the vehicle won’t start. Additionally, some IIDs require random retests while driving, ensuring you don’t drink while operating the vehicle.
  • Potential Issues or Complications:
    The IID can sometimes malfunction, or it may register false positives due to certain foods or medications. If this happens, you may face penalties. However, you can usually challenge these results or request a recalibration of the device.

Understanding these defenses and consequences can help you navigate the challenges of a felony DUI charge more effectively.

Take the Gloves Off & Get Ready for a Fight

When a felony DUI charge is brought before a court in Oklahoma, you can be certain that the judge takes it seriously. Prosecutors will also be more adamant about your conviction, as an opportunity to add a felony conviction to their track record is enticing. Be sure you are prepared for legal battle ahead by knowing your rights well before your court date.

Frequently Asked Questions (FAQ)

  • Can I be charged with a felony DUI if my BAC was below the legal limit?
    Yes, even if your BAC is below the legal limit of 0.08%, you can still face felony DUI charges if there are aggravating factors, such as having multiple prior DUI convictions or causing an accident that injures someone.
  • What is the difference between a misdemeanor and felony DUI in Oklahoma?
    A misdemeanor DUI generally applies to first-time offenders with no aggravating circumstances. A felony DUI, on the other hand, can result from factors such as multiple prior convictions, injury or death caused by impaired driving, or having a child passenger in the vehicle during the arrest.
  • How long will my driver's license be suspended after a felony DUI conviction?
    For a felony DUI conviction, your driver’s license may be suspended for up to one year or more, depending on the specifics of the case and the number of prior offenses. You may be eligible for a restricted license in some situations.
  • Is it possible to reduce my felony DUI charge to a misdemeanor?
    In some cases, it may be possible to have a felony DUI charge reduced to a misdemeanor through plea bargaining or negotiation with the prosecutor. Your attorney can assess the details of your case to determine if this is a viable option.
  • What are the consequences if I refuse a breathalyzer or blood test in Oklahoma?
    Refusing a breathalyzer or blood test can result in an automatic license suspension, even if you’re not convicted of DUI. Additionally, refusing a test could be used as evidence against you in court.
  • How can a DUI lawyer help reduce my penalties for a felony DUI?
    A DUI lawyer can help reduce penalties by challenging evidence, negotiating plea deals, questioning the validity of the arrest, and advocating for alternative sentencing options. Their experience can often lead to a more favorable outcome in your case.
  • Can I still drive with an ignition interlock device (IID) installed?
    Yes, you can still drive with an IID installed, but you must blow into the device each time before starting the car. If alcohol is detected, the vehicle will not start. Additionally, random retests may be required while driving.

Don’t face a felony DUI alone. Contact our experienced attorneys at (866) 590-8173 for expert legal representation.

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