New Oklahoma DUI makes it easier than ever to become a felon.
Starting November 1st, 2025, SB 54, c. 347, § 1 will go into effect giving Oklahoma one of the harshest DUI statutes in the country. Thankfully, the legislature gave us a reprieve that will go into effect on January 1st, 2026, with HB 2104, c. 486, § 33 that will amend the DUI statute to more closely resemble what we have today. But, for the period of November 1st, 2025, through January 1st, 2026, it will be easier than ever before to get a felony DUI for a first offense.
The Oklahoma statute that deals with DUIs is 47 O.S. §11-902 (OSCN 2025). The specific sections that are so drastically changing things in November are §11-902(D)(3) and (7) which states:
D. Any person who is convicted of a violation of driving under the influence while also committing one of more of the following acts:
3. Driving in a manner that violates the provisions of Section 11-301, 11-302, 11-306, 11-309, or 11-311 of this title.
§11-301, 302, 306 and 311 all deal in driving on the righthand side of the roadway and when it is legal to be in the lefthand lanes for passing, emergency or hazardous situations. A person violating one of these statutes would get a ticket saying something like “weaving” or “driving left of center”.
§11-309 sets out the rules for proper turn signal usage and when it is permissible to be in a turn only lane. A violation of this statute would commonly be called something along the lines of “improper signal use”, “failure to signal” and “improper lane usage”.
With (D)(7) stating in relevant part;… shall, upon conviction, be guilty of aggravated driving under the influence, which shall be a felony offense.
Why does this matter? It matters because people are usually found to be driving under the influence after they have been pulled over for something else. Common examples of reasons for stops include the examples given above like “weaving” and “failing to signal”. All of which, by themselves, would only qualify to be a misdemeanor DUI today where the punishment could be imprisonment for ten (10) days up to one (1) year in county jail, and up to a $1,000 fine. Whereas from November 1st through January 1st, that same DUI will become a felony that carries the possibility of one (1) to five (5) years in the custody of the Department of Corrections and a fine up to $2,500.00.
Aside from it costing more time and money, becoming a convicted felon has some serious long-term consequences. The first of which is losing the right to own or even be in the same vehicle/house as a firearm. If a convicted felon is caught near a firearm, regardless of whether they were aware of its presence, they could be punished by up to 10 years in the Department of Corrections. It is also irrelevant whether it’s an actual firearm in the way most people think as the statute dictating punishment for this includes language such as “air or toy pistols”. 21 O.S. § 1283 (OSCN 2025). Further, convicted felons lose the right to vote in elections until they have completed the entirety of their sentence. 26 O.S. § 4-101 (OSCN 2025).
Guns and voting aren’t a convicted felons only concern though. Having a felony on your record has the possibility of drastically raising the punishment of any crime that might be committed in the future. Continuing with our DUI example, if you have a felony DUI on your record and you pick up a misdemeanor DUI as discussed above, it automatically turns from a misdemeanor into a felony that is punishable by (1) to (10) years in the Department of Corrections and a $5,000 fine. 47 O.S. § 11-902(C.1)(2)(b) (OSCN 2025).
Thankfully, this craziness will only last this 2025 holiday season, and our DUI statute will go back to resembling what we have today. Until then if anyone needed anymore reasons to call an Uber, here it is.
