Aggravated DUI charges demand an aggressive defense.
From November 2025 to April 2026 the Oklahoma legislature has passed 5 separate DUI laws surrounding aggravated DUI, leading many Oklahomans to be confused on what the law actually says. Even lawyers and judges disagree on which law should apply, and how to best apply it. This is because the newest rendition of the aggravated DUI statute in Oklahoma, passed in April of 2026, contradicts itself. It provides for a mandatory 10-day jail requirement on all aggravated DUI’s and classifies them as a Class B3 felony. However, it references that the sentence is handled in a paragraph that notes that all first offense DUI’s are misdemeanors carrying a minimum of 10 days and a maximum of 1 year in jail. This leaves the community, lawyers, and judges all at a loss for how to best handle the present DUI statute. So what constitutes an aggravated DUI? The April 2026 rendition broadens the requirements of an aggravated DUI to encompass nearly all DUI’s if the arresting officer chooses. This may sound like an exaggeration, but merely swerving (driving left of center or exhibiting unsafe lane use) is sufficient to elevate the charge from a misdemeanor to a felony. Additionally, a BAC over a .15 and speeding in excess of a certain range (depending on what type of road you are on) may be sufficient to elevate your charge.
Reasonable minds differ as to whether a first offense aggravated DUI remains a misdemeanor or becomes a class B3 felony due to the contradictory nature of the statute. This provides defense counsel with a strong argument, but it does lead to an inconsistent application amongst prosecutors and judges. Regardless of interpretation, the statute requires the previously required drug and alcohol assessment, victims impact panel, and DUI classes. It also adds a minimum of 10 days in jail or inpatient requirement.
Aggravated DUI cases rely heavily on BAC evidence, which creates multiple defense opportunities. We challenge the accuracy and calibration of the breathalyzer device, examine whether the 15-minute observation period was properly followed, investigate blood draw procedures and chain of custody, and explore whether rising blood alcohol could have affected the results.
We defend aggravated driving under the influence cases in courts across northeastern Oklahoma, including state, federal, and tribal jurisdictions.
A DUI arrest does not have to define your future.
A second DUI within 10 years is a felony. The stakes are much higher now.
A third DUI charge demands the most aggressive defense possible to protect your freedom.
A fourth DUI triggers maximum felony penalties. Do not face this without an experienced advocate.
When a DUI involves serious injuries, the defense matters more than ever.
Schedule a free, confidential consultation. A former prosecutor will review your case and outline your best defense options.