Getting hit with a misdemeanor DUI in Oklahoma is no slap on the wrist. Even if the charge doesn’t rise to the level of a felony, the consequences can still upend your life—fines, potential jail time, a suspended license, and a criminal record that lingers long after the court date. That’s just the truth. If you’re staring down misdemeanor DUI charges, you need to understand what you’re up against, what steps to take next, and why having a seasoned DUI attorney in your corner can make all the difference.
What Makes My DUI a Misdemeanor Instead of a Felony in Oklahoma?
Under 47 O.S. § 11-902, your first and second DUI offenses within 10 years are generally charged as misdemeanors—provided no one was seriously injured or killed and you don’t have prior felony DUI convictions. If you get a third DUI (or cause great bodily injury), the charge automatically bumps to a felony, and prosecutors come down hard. So, if this is your first run-in with Oklahoma’s DUI laws—or even your second—you’re likely looking at a misdemeanor. But don’t let that word fool you: a conviction can still mean up to one year in county jail, fines up to $1,000, mandatory alcohol assessments, and a license suspension that makes daily life a logistical headache in several ways.
Will I Have to Spend Any Time in Jail Before My First Court Date?
Almost always, yes—although how long depends on the circumstances. Oklahoma law requires officers to place you under arrest if your BAC is 0.08% or higher (or if you’re visibly impaired by drugs or a combination of substances). You’ll be booked and held until you post bond or a judge sets bail, which typically means spending at least a few hours, and sometimes overnight, in county lock-up. If you refuse a breath or blood test, expect to sit longer while officers obtain a warrant. Once you bond out, you’re free until arraignment—but don’t mistake freedom for dismissal. The clock is ticking on license deadlines and court appearances.
How Long Will the DUI Stay on My Criminal Record, and Can It Ever Be Expunged in Oklahoma?
A misdemeanor DUI conviction is a stain that doesn’t just fade with time. It shows up on background checks for employers, landlords, and licensing boards. The good news? Oklahoma allows some DUI convictions to be sealed through expungement, but you’ll need to satisfy several conditions:
- Waiting period – At least five years must pass from the completion of your sentence (including probation, fines, and classes).
- No felony convictions – You can’t have any pending charges or subsequent felony convictions.
- Single DUI – If you rack up more DUIs, expungement quickly becomes an uphill battle.
If you meet the criteria, an attorney can help you petition the district court to wipe the slate clean from public view. Law enforcement will still have limited access, but private employers and landlords won’t.
Is It Still a Misdemeanor if My BAC Was Over 0.15% (i.e., Aggravated DUI”)?
Yes—but with extra teeth. Oklahoma labels any BAC 0.15% or higher an Aggravated DUI. It remains a misdemeanor for first-time offenders, yet the penalties escalate:
- A mandatory minimum of one year supervised probation.
- Mandatory ignition-interlock on every vehicle you operate for at least 30 days after license reinstatement.
- Court-ordered alcohol assessment and possible inpatient treatment.
- Heavier fines and longer license suspensions.
In other words, aggravated DUIs are misdemeanors in name only—they carry substantially harsher conditions that can drain your wallet, time, and patience.
Hire a Lawyer Immediately
Trying to navigate a misdemeanor DUI in Oklahoma solo is like playing a high-stakes game blindfolded. A knowledgeable DUI attorney can:
- Challenge the stop: If officers lacked reasonable suspicion or probable cause, any evidence gathered may be tossed.
- Scrutinize testing methods: Breathalyzers malfunction, and blood draws require strict protocol. One error can derail the prosecution’s case.
- Negotiate for reduced penalties: First-time offenders may qualify for deferred sentences or alternative programs that keep jail time—and sometimes the conviction—off the record.
- Protect your license: You have only 15 days from arrest to request an administrative hearing with DPS. Miss it, and your license is gone.
- Prepare early for expungement: If a plea is unavoidable, a lawyer can structure it to preserve your future eligibility to seal the record.
What to Do Right Now
- Stay silent: Seriously. Anything you say to police or prosecutors can and will be used against you.
- Request a hearing with DPS within 15 days: Preserve your driving privileges while the criminal case unfolds.
- Document everything: Receipts, phone screenshots, medical conditions, or medication logs can all become crucial evidence.
- Call Overman: The sooner we’re involved, the more options we can protect.
Overman Legal is Your Fierce Advocate
At Overman Legal Group, we know Oklahoma DUI statutes inside and out—and we’re not afraid to challenge sloppy police work, faulty breath tests, or prosecutorial overreach. Whether you blew a 0.08% or a 0.18%, our goal is the same: keep you out of jail, save your license, and position you for the cleanest record possible.
Don’t let a misdemeanor DUI in Oklahoma derail your future. Contact Overman Legal group today for a free consultation, and let’s start building a defense that gets you back on the road and back to your life—without a conviction shadowing every step you take.
