When a DUI results in someone’s death in Oklahoma, you could face negligent homicide, second-degree manslaughter, first-degree manslaughter, or second-degree murder, depending on the facts of your case. First-degree manslaughter, the most common DUI death charge, carries a minimum of four years up to life in prison and requires serving 85% of your sentence before parole eligibility.
When intoxicated driving leads to a fatal accident, a DUI in Oklahoma can quickly turn into charges as serious as manslaughter or even second-degree murder.Â
At Jacqui Ford Law, our criminal defense team has defended Oklahomans charged with DUI and related homicide offenses. Jacqui Ford and D. Alex Palmer know the difference a strong defense can make when the stakes are this high.Â
Understanding DUIs in Oklahoma
Under 47 O.S. § 11-902, it is unlawful to operate a motor vehicle while under the influence of alcohol or any other intoxicating substance that may impair your ability to drive. You may be charged with a DUI if any of these apply:
- You are over 21 and have a blood alcohol level of 0.08 or more
- You are under the influence of a Schedule I drug, narcotic, or both alcohol and a Schedule I drug or narcotic
- You are under 21 and have any alcohol or drugs in your system at all
The 0.08 limit applies to DUIs, but you can be charged with a DWI if your BAC is above 0.05. DWI stands for driving while impaired and carries lighter penalties than a DUI.
A standard first DUI offense is a misdemeanor. However, under Oklahoma’s updated DUI law, a first offense can now be charged as aggravated DUI and treated as a felony if certain aggravating factors are present at the time of your arrest, including a BAC of 0.15 or higher, causing an accident, having a minor passenger, or eluding law enforcement.
When a DUI Becomes More Than Just a DUI
A regular DUI or DWI charge usually results when you are pulled over for intoxicated driving or involved in a less serious accident. However, when someone is seriously injured or killed, the charges escalate. Depending on the circumstances, here are the four charges you may face in Oklahoma if a DUI results in the death of another person:
Negligent Homicide
Negligent homicide occurs when a driver operates a vehicle in reckless disregard for the safety of others and that reckless driving results in someone else’s death within one year of the injury. Under 47 O.S. § 11-903, negligent homicide is a misdemeanor punishable by up to one year in county jail and a fine of at least $1,000. That fine doubles if the driver has any prior traffic offense conviction within three years of the fatal accident. A mandatory defensive driving course and license revocation also apply.
Importantly, a driver in a fatal DUI accident would typically not be charged with negligent homicide. A DUI death is more likely charged as first-degree manslaughter because DUI is a misdemeanor committed in the course of driving.
Second-Degree Manslaughter
Second-degree manslaughter under 21 O.S. § 716 covers every killing caused by the act, procurement, or culpable negligence of another person that does not meet the definition of murder or first-degree manslaughter.
First-Degree Manslaughter
First-degree manslaughter under 21 O.S. § 711 occurs when a death results from the commission of a misdemeanor. Because a first-offense DUI is a misdemeanor in Oklahoma, a death that occurs while driving under the influence is typically charged as first-degree manslaughter.
This is a serious felony carrying a minimum of four years in prison up to life. First-degree manslaughter is an 85% crime in Oklahoma, meaning you must serve at least 85% of your sentence before becoming eligible for parole consideration. A ten-year sentence means at least eight and a half years served before parole can even be considered.
Second-Degree Murder
Second-degree murder under 21 O.S. § 701.8 occurs when the defendant commits an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, without any premeditated intent to kill a specific person.Â
In the context of a DUI, driving under the influence in a particularly reckless and dangerous manner could be considered acting with a depraved mind in disregard for human life.Â
It is a Class A1 felony carrying a sentence of ten years to life in prison. Under current Oklahoma law, a first DUI can now be charged as a felony if aggravating factors are present. If someone dies during a felony DUI, the charge could escalate further to second-degree murder.Â
Facing DUI Homicide Charges in Oklahoma? Contact Jacqui Ford Law Today
A DUI charge alone is serious enough, but when it involves the loss of life, the stakes could not be higher. Your future, your freedom, and your ability to move forward depend on having the right defense from day one.
Contact Jacqui Ford Law today for a free and confidential consultation. The sooner you reach out, the sooner we can start building the defense you need.
Frequently Asked Questions About DUI Manslaughter in Oklahoma
1. What is the difference between a DUI and a DWI in Oklahoma?
A DUI involves a blood alcohol level of 0.08 or higher or being under the influence of drugs. A DWI applies when your BAC is between 0.05 and 0.07. While both are serious, a DWI typically carries lighter penalties. Our post on DUI vs DWI in Oklahoma breaks down exactly how the two charges differ.
2. Can you be charged with murder for a DUI in Oklahoma?
Yes. If your DUI leads to someone’s death and your actions show extreme disregard for human life, you could be charged with second-degree murder under 21 O.S. § 701.8, a felony punishable by ten years to life in prison. Contact Jacqui Ford Law immediately if you are facing this charge.
3. Is negligent homicide the same as DUI manslaughter in Oklahoma?
No. Negligent homicide under 47 O.S. § 11-903 covers deaths caused by reckless driving and is a misdemeanor. DUI manslaughter, specifically first-degree manslaughter, applies when a death results from the commission of a misdemeanor such as driving under the influence. First-degree manslaughter is a felony carrying a minimum of four years and up to life in prison.
4. What penalties am I facing if someone dies in a DUI-related crash in Oklahoma?
Depending on the facts, you could face negligent homicide, second-degree manslaughter, first-degree manslaughter, or second-degree murder. Penalties range from one year in county jail for negligent homicide to life in prison for second-degree murder or first-degree manslaughter. First-degree manslaughter also carries Oklahoma’s 85% parole rule. Jacqui Ford and D. Alex Palmer can assess the specific facts of your case from the first call.
5. Can a DUI-related murder or manslaughter charge be reduced in Oklahoma?
In some cases yes. A skilled defense attorney may be able to negotiate a reduction in charges, such as from murder to manslaughter or from first-degree to second-degree manslaughter, depending on the evidence, your BAC, your prior record, and mitigating circumstances. No outcome can be guaranteed, but the strength of your defense from day one shapes every option available to you. Have a look at what Jacqui Ford Law has achieved for clients facing serious charges.
6. What should you do immediately after being charged with a DUI-related death in Oklahoma?
Do not speak to law enforcement without an attorney present. Do not contact anyone involved in the accident or their family. Do not post anything about the situation on social media. The decisions made in the hours and days after a DUI-related death charge can significantly affect every stage of the case that follows. Contact Jacqui Ford Law for a free and confidential consultation as soon as possible.
