Oklahoma DUI rules would combine repeated offenses and add felony penalties

Courts may combine two or more separate DUI violations committed by one person within one year and prosecute them as one Class C2 felony. The rule covers separate violations of Oklahoma’s DUI law committed by the same person within a one-year period. The combined case must be filed in the county where the last violation occurred. Any pending charge for an underlying violation in another county must be dismissed without prejudice after the combined charge is filed. A person convicted of the combined offense must complete an alcohol and drug assessment and follow treatment recommendations at the person’s expense. The person may be fined up to $2,500 and must receive the prison sentence set for Class C2 offenses. This provision would apply when the act takes effect on November 1, 2026.

A person who commits another DUI offense within 10 years after a qualifying prior conviction or deferred judgment would face a Class C2 felony. The rule covers a later DUI offense after a prior DUI-related conviction or deferred judgment under Oklahoma law, another state’s law, or specified municipal law. The prior offense must be one covered by the listed state or municipal DUI laws. The person must complete an assessment and follow treatment recommendations at the person’s expense. The sentence includes an ignition interlock device, one to five years in prison, and a fine of up to $2,500. If ordered treatment does not include at least five days of residential or inpatient treatment, the person must serve at least five days in prison. The 10-year period is measured from the day after the person completes the prior sentence or deferred judgment; this rule would apply on November 1, 2026.

A person convicted of DUI while also committing any listed serious driving-related act would be guilty of aggravated DUI, a Class B3 felony. The rule covers DUI cases involving a blood or breath alcohol level of at least 0.15, a reportable vehicle incident, certain traffic violations, eluding police, specified speeding, a passenger under 18, or reckless driving. A person convicted of aggravated DUI must complete an assessment and follow treatment recommendations. The sentence includes at least one year of supervision and testing at the person’s expense. The person must use an ignition interlock device for at least 180 days. Mandatory confinement increases for later offenses, and the sentence also includes the applicable fine. This provision would apply when the act takes effect on November 1, 2026.