
Understanding DUI Statutes Changes in Oklahoma
Hello, my name is Carl Birkhead. I’m a Tulsa DUI attorney in Oklahoma. I’ve been practicing criminal law for about eight years, and I want to help you out by talking to you a little bit about how the DUI statutes are changing in Oklahoma. Starting November 1st, 2025, the DUI statutes are being amended, and it’s going to go into effect to where the classification for this crime is changing.
New Classifications and Aggravating Factors
So it used to be relatively straightforward: first offense, misdemeanor; second offense, felony; third offense, higher felony, and so on and so forth. It’s not going to be that way anymore. It’s going to be close, but not the same. So, at baseline, a first offense is a misdemeanor, usually, unless there are aggravating factors.
This is really what’s going to come into play here. Aggravating factors will be a key consideration in these charges. For instance, a first offense DUI might remain a misdemeanor unless your blood alcohol level is 0.15 or higher. In that scenario, you’re looking at aggravated DUI with potential felony sentencing.
Impact of Multiple Offenses and Aggravating Circumstances
If it’s your second offense and you hit someone, you’re definitely looking at an enhanced sentencing range because it’s an aggravating factor. We’re not just counting your DUIs within the last 10 years. It’s about what else happened during that time.
The sentencing structure for DUI now requires considering treatment and therapy. Every crime tier or level includes either an optional or required treatment and therapy. For aggravated DUIs or repeat offenses, treatment becomes mandatory.
Focus on Rehabilitation
This change encourages courts to use alternative programs, like drug court, to help defendants. The aim is not just punishment but also rehabilitation to prevent repeat offenses. Helping people not commit the crime again is a primary goal.
There’s a lot to unpack, so if you have questions, give me a call. I’m Tulsa criminal defense attorney Carl Birkhead, and I’m with Wirth Law Office. I want to make law easy for you.
Schedule Your Initial Strategy Session
Understanding these changes is crucial, and I’m here to help. Call me today to schedule a low-cost initial strategy session to discuss your situation. Contact me at 918-879-1681. Let’s ensure you’re prepared for these upcoming changes together.








