Bill to add new criteria for aggravated DUI, mandatory jail time for conviction in Oklahoma headed to governor's desk

A bill that includes harsher penalties for some DUIs is headed to Gov. Kevin Stitt's desk. 

What is Senate Bill 54?

It adds six criteria so that some DUIs would be considered aggravated. 

The criteria include: 

1. Driving, operating, or being in actual physical control of a motor vehicle while having a blood or breath alcohol concentration of 0.15 or more
2.  Causing a motor vehicle incident involving one or more vehicles 
3.  Driving while eluding peace officers 
4.  Driving with a speed in excess of twenty (20) miles per hour over the speed limit or ten (10) miles per hour over the speed limit within an active school zone
5.  Operating a motor vehicle with a passenger younger than eighteen (18) years of age
6. Driving in a manner that violates the provisions of Section 11-301, 11-302, 11-306, 11-309, or 11-311 of this title

If someone is convicted of an aggravated DUI, then they would have to serve mandatory jail time.

The bill also says a blood or breathalyzer test can be taken two hours after an arrest, and still be used in court.

What do supporters think?

 A supporter of this bill says it could save lives.

Jeff Murrow became an advocate against driving under the influence when his 19-year-old daughter was killed on her way home from college by a drunk driver in October of 2020.

"Her death had no meaning, and so we want to change that, and we want to work," said Murrow.

Jeff says this bill would allow for drug-impaired DUIs to be considered aggravated. 

"So, because we have so many more now that are drug impairment, we have no means to charge those as aggravated. Aggravated DUI in Oklahoma right now is anyone with a point one five or higher blood alcohol content," said Murrow.

What does the opposing side think?

One Oklahoma City attorney says it would be a step backward for the state in its mission for criminal justice reform.

Douglas Baxter says a majority of his clients are DUI defendants, and he believes this bill does more harm than good.

"Oklahoma has some of the most draconian laws and DUI laws in the United States already, and this is making it worse. They're basically trying to make any DUI a felony," said Baxter. 

Baxter says making a conviction of an aggravated DUI require mandatory jail time will cause courthouses to fall behind. 

"Trial dockets are going to be crammed. People are going to be demanding speedy trials. In a lot of cases, because of the constitutional right to a speedy trial, are going to have to be dismissed because they can't get a speedy trial."

Baxter says the problem with that is that sometimes a person's alcohol levels could increase or decrease as time passes, and it could be inaccurate at the time of arrest. 

What's next for SB 54?

If the Governor doesn't veto the bill, then it would become law on Nov. 1, 2025.