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Understanding Enhanceable Misdemeanors

Hello, I’m Oklahoma City misdemeanor attorney Gunner Briscoe with Wirth Law Office. I primarily handle criminal cases, and a common question I get—especially regarding DUIs or domestic abuse cases—is: Why are some charges misdemeanors while others are felonies?

It’s a great question, and the answer lies in what are called enhanceable misdemeanors. This means that a first offense is charged as a misdemeanor, but a second or subsequent offense can be charged as a felony.

What Are Enhanceable Misdemeanors?

For example:

- Driving Under the Influence (DUI):
  A first offense is a misdemeanor. However, if you receive a second DUI within 10 years, it becomes a felony.
  Note: For aggravated DUI, the law is changing effective November 1, 2025—it will become an automatic felony. If you’re facing that charge, it’s important to seek legal counsel immediately.

- Domestic Assault and Battery:
  A first offense is a misdemeanor, but a second offense is a felony.

These are the two most common enhanceable misdemeanors in Oklahoma. Others exist—such as contributing to the delinquency of a minor—but they come up less frequently.

If you’re charged with an enhanceable misdemeanor, it’s crucial to understand the long-term implications. For instance, it may be in your best interest to try to have a DUI dismissed or amended to DWI (Driving While Impaired), if possible, since DWI is not enhanceable.