New DUI laws go into effect Today

New Oklahoma DUI laws begin to go into effect today.

Senate Bill 54, a new law that changes the scope of how a DUI turns into a felony. If a driver has a Blood Alcohol Content (BAC) of 0.08, then they are considered under the influence and can receive a misdemeanor for the first offense, with the chance of jail time. But a driver with a BAC of 0.15 or higher is a felony, along with: 

• Causing a crash
• Driving with a minor in the car
• Reckless Driving 
• Eluding officers  

“Even a first-time DUI offense, if you are doing those things, can now be a felony.”, said Sgt. James Hamm of the Edmond Police Department.

The Bill was first read into the Oklahoma Senate back in February and officially sent to Gov. Stitt’s office in April. Once the bill hit the governor’s desk, it was vetoed by the Oklahoma governor with the veto message saying:

“While I share the Legislature’s commitment to public safety and to holding impaired drivers accountable, I cannot support this bill in its current form. Under current law, aggravated DUI is a misdemeanor, triggered only when a driver’s blood alcohol content (BAC) is 0.15 or higher. Senate Bill 54 would elevate aggravated DUI to a felony and significantly broaden its scope.”

Gov. Stitt continued,

“…the bill removes meaningful judicial discretion by mandating jail time and increasing financial penalties, regardless of the individual circumstances of the offense. Our courts must be able to consider the facts of each case and tailor sentences accordingly— especially for nonviolent and first-time offenders. Imposing one-size-fits-all penalties risks unjust outcomes and unnecessary incarceration.”

This comes from the Oklahoma Governor’s Website, where a list of all veto messages from this year can be found. 

After being vetoed by Stitt, both the House of Representatives and the Oklahoma Senate voted for a veto override later that month in May and filed with the Secretary of State that same day to put the bill into law.

According to the Oklahoma Governor’s Website, in collaboration with the Oklahoma State Bureau of Investigation, in 2021, 10,412 people were linked to Driving Under the Influence offenses. Roughly 6% of people arrested for DUIs were under the age of 20.

The highest age demographic arrested for DUIs was 20-29, being 32.2%.

9,366 arrests were on-view, meaning the officer observed the person slurring their words or struggling with a field sobriety test. 

In addition to the new DUI laws, Edmond will now enforce a law that requires an automatic ticket when an officer sees a driver on their phone. 

“Just seeing somebody holding a cellphone in their hand has not been illegal; we actually have to see them texting and driving, see their screen, and really have enough evidence to issue a ticket.”, Sgt. Hamm said about the original cellphone law. 

With the new law, if an officer sees a driver holding a phone while driving through a school zone or a construction zone, it is now illegal, Hamm said. 

Both laws went into effect today at midnight.