DUI 2nd Offense

Yes, if it occurs within 10 years of the completion of a sentence (including probation) for a prior DUI, APC, or related impaired driving offense. This applies regardless of whether the first offense was a misdemeanor, a deferred sentence that was dismissed (per State v. Salathiel), or a conviction from another state with substantially similar DUI laws.

Yes. Under the Oklahoma Supreme Court's decision in State v. Salathiel, deferred sentences count as convictions for predicate offense purposes — even though the case was technically dismissed upon successful completion of probation. This is one of the most misunderstood aspects of Oklahoma DUI law and catches many defendants off guard.

While a second DUI carries up to 5 years in prison, most defendants do not receive jail time with experienced legal representation. The typical outcome is a suspended sentence with probation conditions. However, the court must order either residential treatment or a minimum of 5 days in custody, and jail time is more likely than with a first offense.

Oklahoma's 10-year lookback period determines whether a new DUI is charged as a misdemeanor or felony. The clock starts at the completion of your sentence (end of probation) on the prior offense — not from the date of the offense. For example, a 2015 DUI with 2 years of probation means the lookback window extends through 2027.

Yes, if you have no prior felony convictions in the last 10 years. DUI Court is a treatment-based diversion program that combines intensive supervision, substance abuse treatment, regular drug testing, and judicial oversight as an alternative to incarceration. It is available for felony nonviolent DUI offenses and can result in significantly better outcomes than traditional sentencing.

No. DWI (BAC 0.06-0.08) is not a predicate offense for DUI enhancement under Oklahoma law. A prior DWI conviction will not cause a subsequent DUI to be charged as a felony. However, a prior APC (Actual Physical Control) conviction does count as a predicate and will enhance a future DUI to a felony.

Yes. Oklahoma law allows prosecutors to use out-of-state DUI convictions to enhance your current charge to a repeat felony, provided the out-of-state law is substantially similar to Oklahoma's DUI statute. This includes DUI convictions from virtually every state, as well as tribal court convictions. An experienced defense attorney can challenge whether the out-of-state statute meets the "substantially similar" requirement.

Service Oklahoma will revoke your driving privileges for 1 year. You can maintain limited driving by enrolling in IDAP with an ignition interlock device for 1 year (approximately $1,225 total cost). A violation during the IDAP interlock period adds 4 additional months to the requirement. CDL holders face a 1-year CDL suspension on a first DUI conviction and a lifetime CDL ban on a second.