A third DUI charge demands the most aggressive defense possible to protect your freedom.
The escalating penalty structure for recidivist impaired drivers relies heavily on a strictly enforced ten-year lookback period. Under 47 O.S. § 11-902, if a defendant commits a subsequent DUI violation within ten years of a prior conviction or a deferred judgment for a related impaired driving offense, the new offense is prosecuted as a felony. This 10 year clock starts ticking once probation ends. This means if you get a first offense DUI in 2006, a second in 2016, and a third in 2026, the third can be charged as a DUI third offense. This is because the first two are strung together with the 10 year period and attach the third with a 10 year period. The 10 year clock requires a full 10 years without probation or any new DUI related offenses to restart the clock. A third or fourth DUI conviction within the ten-year window elevates the crime to a Class B3 felony. As a Class B3 felony, the punishment range expands significantly.
A third DUI conviction carries a statutory penalty of 1 to 10 years in the custody of the Department of Corrections and a fine of up to $5,000. Under Oklahoma law, the judge must also mandate a minimum of 240 hours of community service and the installation of an ignition interlock device for up to 5 years following any period of incarceration. Lengthy license revocations are enforced by the Department of Public Safety.
We meticulously investigate both prior convictions to determine if they can be legally used for enhancement. If we can knock out a prior conviction on constitutional grounds, the charge can be reduced. We also relentlessly challenge the traffic stop, testing procedures, and officer testimony in the current case while discussing alternatives to incarceration with the prosecutor.
We defend dui 3rd offense cases in courts across northeastern Oklahoma, including state, federal, and tribal jurisdictions.
A DUI arrest does not have to define your future.
Aggravated DUI charges demand an aggressive defense.
A second DUI within 10 years is a felony. The stakes are much higher now.
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.