Oklahoma Senate Bill 54: What It Means for DUI Charges and Your Legal Rights

If you or a loved one are facing a DUI charge in Oklahoma, it’s crucial to understand recent changes in state law that could significantly impact your Oklahoma DUI case. Senate Bill 54 (SB54), passed in the 2025 legislative session, represents a major shift in how Oklahoma handles DUI offenses — especially repeat offenders. One of the biggest impacts on the change to Oklahoma’s DUI laws is mandatory jail sentences for the newly defined “Aggravated DUI” charges.

At the Cannon & Associates Criminal Defense Law Firm, we want to help you stay informed so you can make the best decisions for your DUI defense and your future. We hope this article, published within a week’s time of the new Bill being passed, despite the Governor’s veto, helps you and your loved ones understand the changes to DUI laws in Oklahoma and how an experienced DUI defense attorney can help your family navigate this process.

What is Senate Bill 54?

Senate Bill 54 is a comprehensive reform focused on increasing the severity of many misdemeanor DUIs and the terms of probation and mandatory jail-time that may follow a DUI arrest in Oklahoma. It passed through the legislature after Governor Stitt vetoed the bill, in part under the claim it was focused on treating those with substance abuse-related issues that are arrested for DUI. However, as Oklahoma already has some of the strictest DUI laws in the United States, it is one step closer to jail or prison being a real possibility for many more first time DUI offenders in Oklahoma.

For those charged with DUI in Oklahoma, this means courts will now require a detailed evaluation and assessment after conviction to determine appropriate treatment and sentencing.

SB54 is not just about punishment. It’s designed to address the root causes of DUI offenses by mandating individualized treatment plans, which may include counseling, rehabilitation programs, or ignition interlock devices on vehicles. However, it also emphasizes personal responsibility: defendants must pay for their treatment and comply fully with court orders.

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Here’s what the Oklahoma Senate’s website says about the Bill:

OKLAHOMA CITY – The Oklahoma Senate has passed a comprehensive measure by Senator Darrell Weaver, R-Moore, aimed at strengthening penalties for impaired drivers and enhancing efforts to prevent repeat DUI offenses.

Senate Bill 54 expands the definition of aggravated DUI to include individuals convicted of driving under the influence while also committing offenses such as causing a motor vehicle incident, eluding police, speeding more than 10 mph over the speed limit in a school zone, or while a minor is in the vehicle, among other offenses outlined in the bill.

These provisions expand on existing laws, which currently define aggravated DUI as operating a vehicle with a blood alcohol concentration of 0.15 or higher.

“By expanding the definition of aggravated DUI, we are sending a clear message that impaired driving, especially when coupled with reckless behavior, will not be tolerated,” Weaver said. “I am proud to have worked alongside the families affected by these incidents to ensure that this legislation will help to prevent further tragedies and loss, while ensuring those who threaten public safety and put lives at risk by driving under the influence are held accountable.”

Weaver added that the measure was a result of collaboration with Oklahoma-based nonprofit, Victims of Impaired Drivers (VOID). VOID is composed of families who have lost a loved one due to the preventable crime of driving under the influence.

Senate Bill 54 passed with overwhelming support in the Senate and now moves to the Oklahoma House of Representatives for further consideration.

Understanding Oklahoma Senate Bill 54: Expanded Criteria for Aggravated DUI

As of 2025, Senate Bill 54 (SB 54) brings significant changes to Oklahoma DUI laws. This legislation broadens the definition of aggravated DUI, meaning more drivers may now face harsher penalties—including mandatory jail time—for certain DUI-related offenses. If you’ve been charged with DUI in Oklahoma, it’s crucial to understand how this new law could impact your case.
At Cannon & Associates, our team is here to help you navigate these complex changes and protect your rights.

What Is an Aggravated DUI Under Oklahoma Law?

Before SB 54, an aggravated DUI was primarily defined as operating a vehicle with a blood or breath alcohol concentration (BAC) of 0.15% or higher. While this remains true, the new law adds six additional factors that now qualify a DUI as aggravated, even if BAC is below this threshold. The result is potential mandatory jail time and substantial barriers during probation.

New Criteria for Aggravated DUI Under Senate Bill 54

Under SB 54, a person may be charged with aggravated DUI if they commit any of the following offenses while driving under the influence:
1. BAC of 0.15 or Higher
A high BAC remains a primary factor. If your blood or breath test shows a BAC of 0.15 or more, you face automatically enhanced penalties.
2. Causing a Motor Vehicle Accident
Any DUI-related crash or collision involving one or more vehicles now qualifies as an aggravated DUI, regardless of the severity of damage or injury.
3. Eluding Law Enforcement
Attempting to flee from police while driving under the influence is now considered an aggravating factor, triggering stricter consequences.
4. Excessive Speeding
If you’re caught driving:

20+ mph over the posted speed limit, or
10+ mph over the limit in a school zone, while under the influence, you may face an aggravated DUI charge.

5. Minor Passenger in the Vehicle
Driving under the influence with a passenger who is under 18 years old is now a qualifying factor for aggravated DUI.
6. Reckless or Negligent Driving Behavior
Violating specific Oklahoma traffic laws—including statutes on reckless driving, failure to yield, and improper passing—while impaired can also elevate a DUI to aggravated status. These include violations of:
Title 47 O.S. § 11-301 – Driving on the Right Side of the Roadway
This statute requires vehicles to be driven on the right half of the roadway, with some exceptions (e.g., passing, road obstructions). Violating this can be considered reckless or negligent driving behavior under certain circumstances.
Title 47 O.S. § 11-302 – Passing Vehicles Proceeding in Opposite Directions
This law governs how drivers must pass each other safely when traveling in opposite directions. It requires each vehicle to stay to the right of the centerline, leaving sufficient space to avoid collisions.
Title 47 O.S. § 11-306 – Limitations on Overtaking on the Left
This statute outlines when it is legal to pass another vehicle on the left and specifies situations where left-hand passing is prohibited, such as curves, hills, and intersections with limited visibility.
Title 47 O.S. § 11-309 – No-Passing Zones
This law prohibits passing in clearly marked no-passing zones, typically identified by road signs or pavement markings, such as double yellow lines. Violating this can indicate risky or unsafe driving behavior.
Title 47 O.S. § 11-311 – Driving on Roadways Laned for Traffic
This statute requires vehicles to remain within a single lane and only switch lanes when it’s safe to do so. It also governs how vehicles should behave when roadways are divided into two or more clearly marked lanes.

Mandatory Jail Time for Aggravated DUI

One of the most significant implications of SB 54 is that any aggravated DUI conviction now requires mandatory jail time. This makes it even more critical for those charged to consult with an attorney immediately.
Expanded Use of Chemical Test Results
SB 54 also allows blood or breath test results to be admissible in court up to two hours after arrest, giving law enforcement more flexibility and potentially strengthening the prosecution’s case.
What This Means for You
If you’re facing a DUI charge that involves any of the new aggravating factors, your case may now carry harsher penalties, mandatory jail time, and more complex legal challenges. Early intervention by a qualified attorney can make a significant difference.

SB54 is Game-Changer for DUI Sentencing in Oklahoma

Before SB54, DUI sentencing in Oklahoma tended to follow a relatively straightforward path—fines, possible jail time, probation, or community service. With SB54, sentencing is no longer one-size-fits-all. Instead, the law requires:

A comprehensive assessment of the offender’s substance abuse history and needs.
Tailored sentencing based on that assessment.
Mandatory treatment programs paid for by the offender.
Use of devices such as ignition interlock systems.
Harsher consequences for non-compliance or repeat offenses.

The goal of these changes is clear: reduce repeat DUI offenses, promote rehabilitation, and improve public safety on Oklahoma roads.

How Does This Affect Repeat DUI Offenders?

If you have multiple DUI convictions, SB54 signals tougher penalties and stricter enforcement. Repeat offenders face mandatory treatment plans, and failure to comply could result in increased jail time or other penalties. The law reflects Oklahoma’s strong commitment to protecting its citizens by ensuring repeat offenders do not continue to pose risks on the road.

Additional DUI Legislation You Should Know About

SB54 is part of a broader effort to reform DUI laws in Oklahoma. Other recent legislation includes:

Senate Bill 882: This bill requires DUI arrestees to post bail before release, emphasizing accountability from the moment of arrest.
House Bill 3960: This removes probation exceptions for felony DUI convictions, ensuring consistent probation rules across all felonies.

Together, these laws demonstrate a comprehensive approach to DUI enforcement — from arrest to sentencing.

Additional Free Resources in your DUI Defense:

At Cannon & Associates, we believe that access to reliable legal information is a powerful first step toward justice. That’s why we offer a growing library of free resources, including downloadable guides, blog articles, and video content on our YouTube channel, designed to help you understand your rights and make informed decisions. Whether you’re facing a criminal charge, dealing with a DUI, or simply want to stay prepared, our resources are here to support you—24/7, at no cost. Explore the tools we’ve created to protect Oklahomans just like you.

What Does This Mean for Your DUI Defense?

If you’re facing DUI charges under these new laws, your defense strategy needs to adapt. The courts now have more discretion and authority to impose assessments, treatment, and personalized sentences. Most importantly, DUI offenses that were previously misdemeanor DUI offenses with manageable probation terms, if not dismissed, now carry significant probation and treatment requirements – even if the defendant facing a first-time DUI does not have issues warranting such terms of probation. It will still be possible to avoid these consequences in some DUI cases that are now charged as “Aggravated DUI”; however, time will tell what can be done to mitigate these circumstances.

At Cannon & Associates, we are diligently researching the future implications of Oklahoma Senate Bill 54 and the wide array of aggravated DUI offenses and potential consequences that will now follow this bill being passed into law in Oklahoma.

It is vital to your case and your future that you understand how the changes to DUI charges and potential consequences will impact your DUI case in Oklahoma. Our initial goal is dismissal in every case – plus assisting you in keeping your driver’s license in DUI cases. Our defense attorneys will work alongside you in order to accomplish your goals and the following:

Seek Dismissal first, then resolution of your DUI Case
Protect your legal rights.
Navigate new and increased potential consequences of your DUI.
Negotiate for the best possible outcomes.
Guide you through required assessments and treatment options, if your case is not dismissed.

If you or someone you know is facing a DUI charge in Oklahoma, don’t wait. These legal changes mean that early and experienced legal representation is more important than ever. The consequences of missteps can be severe — from costly treatment requirements to potential jail or even prison time.

CONTACT US NOW for a confidential Case Strategy Session. We are here to defend your rights and help you understand your options in this evolving legal landscape.

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More Free Resources – Learn more about Oklahoma’s drug laws and defenses on our Drug Crimes Defense page.

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By Cannon﹠Associates

July 2, 2025