New DUI Law in Oklahoma: How It Changes the Game for DUI Charges

A new DUI law in Oklahoma, also known as Oklahoma Senate Bill 54 (SB 54) went into effect. This new law expands the situations where a DUI can be charged as an aggravated DUI, meaning the offense may now be treated as a felony rather than a misdemeanor. The change is significant, and it impacts first-time DUI offenders more than any other group, because conduct that previously resulted in a standard misdemeanor charge may now carry felony-level penalties under the updated statute.

This article explains what SB 54 does, what triggers these tougher aggravated DUI charges, and how this law affects your rights, penalties, and defense strategy when fighting a DUI in Oklahoma.

What’s New In Oklahoma DUI Charges Under SB 54

An aggravated DUI has been enlarged under the new DUI legislation. The definition of “aggravated DUI” has been broadened. Under the new law, what was once a misdemeanor DUI can now be enhanced by the occurrence of one or more aggravating elements in an otherwise first-time offense.

Aggravated DUI triggers include:

• Before the new law, most first-time DUI charges were filed as a misdemeanor. With SB54 a first timer DUI is filed as a felony if there exists an aggravating factor.
• The law requires minimum time in jail along with enhanced fines and costs.
• If you are involved or if you caused a wreck while intoxicated
• Having a minor child in the car while intoxicated is charged as a felony.
• Running from the Police by eluding while intoxicated is now charged as a felony
• A blood and alcohol level above .15 is now charged as a felony.
• Any type of driving that qualifies as reckless driving, excessive speeding, or other kinds of serious traffic crimes while impaired.

How This Changes the Risk for Someone Charged with DUI
For the person charged, these changes mean:

• What used to be a misdemeanor DUI may now carry felony exposure. That means longer incarceration, greater fines, a more serious criminal record, and heavier collateral consequences.
• If you drove with a child in the car, caused an accident, or otherwise had aggravating circumstances, you must assume the prosecution will pursue aggravated charges.
• Your defense strategy must shift. Prior to November 1, 2025, the typical misdemeanor-DUI playbook may no longer be sufficient. You need a lawyer who understands the new statute and how it applies.
• License and vehicle consequences may escalate. Felony status may trigger enhanced consequences beyond the usual license revocation, ignition interlock, or probation that often accompany misdemeanors.

Important Practical Considerations

• Timing matters: Make sure the arrest date is on or after November 1, 2025. The new law applies to offenses prosecuted under the new statute.
• Facts matter: Even if your BAC is under 0.15, the presence of other aggravating circumstances may still qualify for aggravated status. This includes reckless driving or any of the other aggravating factors set out in the law.
• Eluding/leaving the scene/child‐passenger etc.: These are no longer just bad facts—they now can tip your case into felony territory.
• Prior records: If you have prior DUIs, those that happened within the last ten years, the sentencing context becomes even worse. Minimums and mandatory devices (like ignition interlock) may come into play.
• Defensive approach: Given the heightened risk, gathering early evidence (like dashcam footage, passenger statements, accident reports, and chemical test timing) becomes even more critical. Your DUI attorney should be searching for other factors that may mitigate the charge under the new law.

Aggravated DUI Lawyers in Tulsa Oklahoma

The New DUI Law in Oklahoma poses special concerns for even first-time DUI offenders. The terrain of DUI law just shifted significantly. With the passage and upcoming enforcement of SB 54, what once might have been a misdemeanor now has the potential to be a felony—and even first-time offenders may face that possibility under certain facts. If you or someone you know is charged with DUI, it’s essential to consult an experienced Tulsa, Oklahoma DUI attorney who understands the new law and its real-world applications. For a free consultation with the criminal defense attorneys at Kania Law Office, call 918.743.2233