Misdemeanor DUI
In Oklahoma, an officer typically files a DUI report as either "DUI 1st Offense" (a misdemeanor) or "DUI 2nd Offense" (a felony). If this is your first DUI arrest, it will typically be charged as a misdemeanor — and depending on how a prior DUI was resolved, even a second arrest can sometimes still be a misdemeanor.
A misdemeanor DUI carries 0–6 months in jail and up to a $1,000 fine in municipal court (Tulsa, OKC, Norman), or up to one year in county jail and up to a $1,000 fine in county court. Your Oklahoma driver's license can also be suspended, and the court can require an ignition interlock device. You only have a limited window to request an administrative hearing to challenge a license revocation — do not wait to call.
Felony DUI
It used to take three DUI arrests before a felony charge applied. Now it only takes two. One bad decision — or bad luck — on top of an old arrest can put you in felony territory. A Felony DUI carries a minimum of one year up to five years in prison and up to a $2,500 fine, along with the potential revocation of your driving privileges in Oklahoma.
This is a serious charge with serious, lasting consequences — the earlier we're involved, the more options are still on the table.
DUI Manslaughter
In Oklahoma, a DUI that results in a death is charged as Manslaughter in the First Degree. A "first offense" DUI is a misdemeanor, and under Oklahoma law, a homicide committed without intent while a person is engaged in a misdemeanor is Manslaughter in the First Degree — a felony carrying four years to life in prison.
This is one of the most serious charges a person can face. Anyone charged with DUI Manslaughter needs an experienced trial attorney involved immediately.
Negligent Homicide
Negligent Homicide applies when a death occurs within one year as the proximate result of a vehicle being driven in reckless disregard for the safety of others. Unlike DUI Manslaughter, this charge does not require any alcohol or drug involvement — it's generally filed specifically when there is no evidence of impairment.
The State will typically push for jail time on this charge. If you've been charged with Negligent Homicide, call as soon as possible.
Driving While Impaired (DWI)
DWI is legally defined as a condition where alcohol or another intoxicating substance has impaired a person's ability to drive. In Oklahoma, a blood or breath alcohol concentration between .06 and .07 is legally sufficient to file a DWI charge.
DWI charges are often the result of just one or two drinks — a small amount of alcohol that still carries jail time. Don't assume a lower reading means no consequences.
Driver's License Revocation Appeals
Oklahoma's process for revoking driving privileges after an arrest for DUI, DUI Manslaughter, APC, or DWI has changed in recent years. Service Oklahoma is now the administrative agency that handles license revocation — for both Oklahoma licenses and out-of-state licenses.
Once you receive notice of revocation at the address on file with the state, you only have 30 days to file an appeal in district court. This deadline is short, strict, and easy to miss — call as soon as you're arrested, not after the notice arrives.
Actual Physical Control (APC)
APC is legally defined as directing, dominating, or regulating a motor vehicle — whether or not it's actually being driven or in motion. If you're in an operable vehicle with the keys in your possession while under the influence, you can be charged with APC.
Sitting in a parking lot, waiting in a drive-thru line, or pulling over to "sleep it off" can all still result in an APC charge, regardless of whether you were ever actually driving. Penalties mirror DUI penalties, and whether it's charged as a felony depends on any prior DUI or APC arrests.
