In Oklahoma, a DUI with a blood or breath alcohol concentration of 0.15 or higher is charged as aggravated DUI. A first aggravated DUI is still a misdemeanor, but it adds stricter requirements on top of a standard DUI, including mandatory treatment and longer ignition interlock and license consequences. Because the charge depends on a precise number, the accuracy of the test is often the center of the defense.
Key Takeaways
- Aggravated DUI applies at a BAC of 0.15 or more under 47 O.S. § 11-902(D).
- A first offense is a misdemeanor, but with added treatment and interlock requirements.
- A prior DUI within 10 years can make the charge a felony.
- The breath or blood result is the State's key evidence, so challenging its accuracy matters.
- Reduction to a standard DUI or DWI is a common goal.
What Makes a DUI "Aggravated" in Oklahoma?
The difference between a standard DUI and an aggravated DUI is the number. At 0.08 to 0.149, the charge is a standard DUI. At 0.15 or higher, prosecutors can file aggravated DUI. The underlying offense is the same: driving or being in actual physical control of a vehicle while over the limit or under the influence.
Penalties for Aggravated DUI
A first aggravated DUI carries the same base range as a first DUI: 10 days to 1 year in jail and a fine of up to $1,000. What changes is everything layered on top. Aggravated DUI requires participation in a treatment program, typically comes with a longer ignition interlock requirement, and can lead to longer license consequences than a standard DUI. A second DUI within 10 years of a prior conviction can be filed as a felony. For how the basic charges compare, see DUI vs. DWI in Oklahoma.
Challenging a 0.15 BAC Result
A result just over 0.15 is not the end of the analysis. Breath and blood testing have known weak points:
- Instrument certification and maintenance. Breath instruments must be certified and properly maintained, and the records can be reviewed.
- The observation period. Officers must observe you for a required period before a breath test to make sure nothing affects the sample.
- Mouth alcohol and medical conditions. Acid reflux, dental work, and recent use of mouthwash can affect breath readings.
- Rising BAC. Alcohol absorbs over time. A test taken well after driving may show a higher number than your BAC behind the wheel.
- Blood sample handling. Collection, labeling, storage, and lab procedures all have to be documented.
Possible Outcomes
Depending on the evidence and your record, an aggravated DUI may be dismissed, reduced to a standard DUI, reduced to DWI, or resolved with a deferred sentence. Even a reduction from aggravated to standard DUI can significantly change the treatment, interlock, and license consequences.
Protect Your License Now
A high BAC result also triggers the administrative license case. Read our guide to license revocation and IDAP, and see our Oklahoma City DWI lawyer page for how we approach alcohol cases.
Frequently Asked Questions
What BAC is aggravated DUI in Oklahoma?
A blood or breath alcohol concentration of 0.15 or higher can be charged as aggravated DUI in Oklahoma.
Is aggravated DUI a felony in Oklahoma?
A first aggravated DUI is a misdemeanor. A DUI committed within 10 years of a prior DUI conviction can be charged as a felony.
What extra penalties come with aggravated DUI?
In addition to standard DUI penalties, aggravated DUI requires treatment and typically brings longer ignition interlock and license consequences.
Can an aggravated DUI be reduced?
Yes. Depending on the evidence, especially the reliability of the BAC test, an aggravated DUI may be reduced to a standard DUI or DWI, or resolved another way.
Talk to an Oklahoma City DWI Defense Lawyer
The deadlines after an alcohol-related arrest are short, and the license case starts running the day you are arrested. Call (405) 605-8380 or request a free consultation to have your case reviewed.
This article is general information about Oklahoma law, not legal advice. Laws change, and every case depends on its facts. Contact an attorney about your specific situation.
