McClain County Felony DUI Attorney

Serious Charges Need Clear Guidance

A DUI arrest is always a serious matter, but in Oklahoma, the stakes have recently reached an all-time high. With the implementation of Senate Bill 54, the line between a misdemeanor and a life-altering felony has become thinner than ever. If you have been arrested for a felony DUI in Purcell, Blanchard, Newcastle, or anywhere else in McClain County, you are likely facing mandatory jail time, the loss of your driving privileges, and a permanent criminal record.

At Schumacher Law Group, we understand that a single mistake or a misunderstood set of circumstances shouldn't define the rest of your life. Our team provides the sophisticated, aggressive defense necessary to challenge the prosecution’s evidence and fight for your freedom in a legal landscape that is increasingly hostile toward defendants. Get more than 30 years of experience from a former judge and prosecutor on your side.

Call (405) 643-4884 to schedule a time to discuss your felony DUI case.

What is a Felony DUI?

In the past, most first-time DUI offenses in Oklahoma were classified as misdemeanors. However, recent legislative shifts—specifically the passage of the "Marissa Murrow Act" and SB 54—have expanded the criteria for felony-level charges.

A DUI is classified as a felony in McClain County if it involves specific "aggravating factors" or if the driver has a history of prior alcohol-related driving offenses. Unlike a misdemeanor, which is typically handled in municipal or special district courts with lighter penalties, a felony DUI is prosecuted in the District Court of McClain County and carries the potential for years in state prison.

Common Types of Felony DUI in Oklahoma

Under the current statutes, there are several ways a DUI charge can be elevated to a felony. It is no longer just about your blood alcohol concentration (BAC); it is about the circumstances of the arrest.

Repeat DUI Offenses

Oklahoma law utilizes a ten-year "look-back" period. If you have a prior DUI conviction or a deferred sentence within the last ten years, your second offense will likely be filed as a felony. A third or subsequent offense is always a felony, regardless of how much time has passed since the last conviction.

Aggravated DUI (New Felony Classification)

As of late 2025, Oklahoma law now classifies all Aggravated DUIs as felonies. You can be charged with an aggravated felony DUI—even on your first offense—if any of the following are present:

• A Blood Alcohol Concentration (BAC) of 0.15% or higher.
• Involvement in a vehicle collision (even a minor fender-bender).
• Speeding 20 mph or more over the limit (or 10 mph over in a school zone).
• Attempting to elude law enforcement.

DUI with a Minor Child in the Vehicle

Driving under the influence with a passenger under the age of 18 is now a felony child endangerment charge. This applies even if no accident occurred and even if your BAC was barely over the legal limit.

DUI Resulting in Great Bodily Injury or Death

If an impaired driving incident causes "great bodily injury" to another person (such as broken bones or permanent disfigurement), it is a serious felony. If a fatality occurs, the charge can escalate to First-Degree Manslaughter or even Second-Degree Murder.

Penalties for Felony DUI

The consequences of a felony DUI conviction in McClain County are severe and often include mandatory minimums that judges cannot easily waive.

Beyond the legal penalties, a felony conviction carries "collateral consequences" that can last a lifetime:

• Loss of Firearm Rights: Felons are prohibited from owning or possessing firearms.
• Employment Barriers: Many employers will not hire individuals with felony records, particularly those involving "crimes of moral turpitude" or significant safety risks.
• Professional Licenses: Nursing, teaching, and legal licenses can be revoked or denied.
• Housing: Many landlords screen for felony convictions during the application process.

Felony DUI FAQs

Can a first-time DUI be a felony in Oklahoma?

Yes. Under the new SB 54 laws, a first-time DUI is a felony if it is considered "Aggravated." This includes having a BAC over 0.15%, having a child in the car, or being involved in an accident. 

Will I lose my license permanently?

Not necessarily, but felony DUIs carry much longer suspension periods. However, through the IDAP (Impaired Driver Accountability Program), you may be able to keep driving if you agree to install an Ignition Interlock Device (IID) for a specified period.

What is the McClain County Court process like for a felony?

A felony case is more complex than a misdemeanor. It involves an initial appearance, a preliminary hearing (where the state must prove there is enough evidence to go to trial), and several motion hearings before reaching a potential trial or plea agreement.

Will I go to prison for a felony DUI?

Prison is a possibility with a felony DUI, but it is not automatic. The outcome depends on your prior record, the facts of the case, the specific charge, and how the judge views your situation. We review these factors with you so we can discuss realistic options.

How will a felony DUI affect my license?

A felony DUI can lead to longer suspensions and stricter conditions on your license. Criminal court outcomes and separate license processes both play a role. We help clients understand which decisions in the case may impact driving and what steps may be available to address license issues.

What happens at my first court date here?

At your first appearance in the district court that serves McClain County, the judge typically confirms the charge, addresses bond, and sets future dates. Our McClain County felony DUI lawyer makes sure you know what to expect, how to present yourself, and how this hearing fits into the rest of the case.

Can you help if I have prior DUIs?

Yes. Many felony DUI charges involve prior DUIs. Our team examines how those priors are being used, whether they are documented correctly, and how they affect your exposure. Then we discuss strategies that take your history into account without allowing it to define your entire future.

How often will I hear from your office?

Our goal is for you to feel informed throughout your case. We respond quickly when you reach out and provide regular updates when there is movement, such as new court dates or offers. We encourage questions and take time to explain things so you are not left in the dark.

How Schumacher Law Group Fights Your Charges

When you hire Schumacher Law Group as your McClain County felony DUI lawyer, we leave no stone unturned. Our defense strategy often focuses on several key areas:

• Challenging the Initial Stop: Did the officer have reasonable suspicion to pull you over? If the stop was illegal, any evidence gathered afterward—including BAC results—may be suppressed.
• Contesting BAC Results: Breathalyzers and blood tests are not infallible. We examine maintenance records, officer training, and the "chain of custody" for blood samples to identify errors.
• Evaluating "Aggravating" Evidence: If you are charged with a felony due to a crash or eluding, we investigate whether those factors were actually caused by impairment or other external variables.
• Negotiating for Reduced Charges: In some cases, we can negotiate with McClain County prosecutors to reduce a felony charge to a misdemeanor through specialized programs or by highlighting weaknesses in the state's case.

To get started on your defense, contact our firm today.