New DUI Law in Oklahoma Starting April 2026

Oklahoma has seen 5 changes to the DUI law between November 2025 and April 2026. The changes made within these laws have a major impact on individuals charged with a DUI, yet most people don't even know the law changed. We will break down what the law was and how it has been changing.

Law Prior to November 2025

If you were arrested for a DUI before November 1, 2025, you would be charged with a misdemeanor DUI, assuming it is your first offense. Prior to November 1, all first offense DUIs were misdemeanors regardless of the conditions, with one notable exception: great bodily injury or death.

The only way a basic DUI became a felony was during a second offense. This is because DUIs are what we call "predicate offenses." This means the punishment gets worse each time you are charged. A first offense DUI was a misdemeanor that carried a minimum of 10 days in jail up to 1 year in jail. However, it was incredibly rare to see any jail time on a first offense DUI. Typically, prosecutors would agree to probation in place of jail time.

A second offense DUI that occurred within 10 years from the date your probation ended was considered a second offense felony DUI. Absent a great bodily injury or death, this was the only way a DUI became a felony—repeat offenses.

Law From November 1, 2025 to January 1, 2026

A new law was enacted starting on November 1, 2025. This expanded which DUIs were felonies and encompassed nearly all DUIs by broadening the definition of an "aggravated DUI." There were 4 different versions of the DUI law proposed. Version 3 took effect on November 1, 2025. This made a first offense DUI a felony if:

• Your BAC is a .15 or higher;
• You cause an accident;
• Driving left of center;
• Improper passing;
• Driving on the wrong side of the road;
• Driving the wrong way on a divided highway;
• Eluding;
• Speeding 20 miles per hour over the speed limit;
• Speeding 10 miles per hour over the speed limit while in a school zone;
• Having a passenger in the vehicle who is under 18 years of age;
• Reckless driving.

In addition to having a felony classification, this law required a 10-day jail or inpatient rehab stay. This deviates from the previous ability for both the judge and prosecutor to have discretion on sentencing within the range of punishment. Additionally, reasonable minds differ regarding the range of punishment. The statute says all first offense misdemeanors carry a minimum of 10 days in jail up to 1 year in jail. It later says all second offense felonies carry a minimum of 1 year up to 5 years in the Department of Corrections. This is contradictory when you have a first offense felony DUI. Neither prescribed timeline properly fits the crime charged.

Law Starting January 1, 2026 to April 12, 2026

The fourth version of the proposed laws was passed and went into effect on January 1, 2026. In this version of the law, an aggravated DUI is limited to when the driver has a BAC of .15 or more. This means the additional factors, such as driving left of center or speeding, were no longer enough to elevate a first offense from a misdemeanor to a felony. Additionally, this law required a 5-day period of either jail or inpatient rehab. This shows the legislature's desire to relax the stricter requirements they had previously enacted in November.

Law Starting April 13, 2026

In April of 2026, the legislature changed the DUI law for the 5th time in 5 months. This law more closely resembles the November law, increasing punishments and the number of ways a first offense DUI can be elevated to an aggravated DUI. Starting April 13, 2026, a first offense DUI is elevated from a misdemeanor to a felony for:

• Having a BAC over .15;
• Causing a car accident;
• Driving left of center;
• Improper passing;
• Driving on the wrong side of the road;
• Driving the wrong way on a divided highway;
• Eluding;
• Speeding 20 miles per hour over the speed limit;
• Speeding 10 miles per hour over the speed limit while in a school zone;
• Having a passenger in the vehicle who is under 18 years of age;
• Reckless driving.

If any of these are present while driving under the influence, this elevates the charge to a felony. This means merely swerving over the line can elevate a regular first offense DUI to a felony DUI charge. In addition to making the charge a felony, the statute instituted a mandatory jail sentence. This eliminates both prosecutorial and judicial discretion on the jail sentence of your case. The statute requires a mandatory 10 days in jail, even for a first offense. This is often accompanied by a lengthy probation sentence and additional fines and requirements. While the probation sentence and fines are to be expected, the mandatory jail time is a deviation from how DUIs were handled prior to November of 2025.

What to Do

Reading that you are charged with a felony, especially on a first offense, is scary. It feels unfair that a person can go from no criminal history to a felony and jail time with one DUI. However, not all hope is lost. There are many ways we can handle your case to hopefully avoid jail time or a felony conviction. It is also important to note that being charged with a felony and being a convicted felon are different. Not all hope is lost! We have found many ways to minimize the fallout for our clients. With DUI laws changing rapidly, it is now more important than ever to hire an attorney with an in-depth knowledge of DUIs. If you have been charged with a DUI and have questions, give us a call for a free consultation.