Case Explained: What to know about the push to change Oklahoma’s DUI law – Legal Perspective

Oklahoma lawmakers are moving to change state DUI laws after a Norman woman served 73 days of a 15-year sentence for a crash that seriously injured a 20-year-old woman.

Here’s what to know:

Why are lawmakers taking action?

District attorneys, judges, and members of the public are calling for changes after Sarah Polston was released from prison after about nine weeks. Polston had been sentenced to 15 years in connection with a DUI crash that nearly killed Micaela Borrego.

Borrego’s mother, Krista Borrego, told lawmakers her daughter spent more time in the hospital than Polston spent in prison.

“Her life is forever changed, and she should not be the only one suffering the consequences,” she said at a recent Capitol hearing.

What does current law allow?

Under existing Oklahoma law, some DUI offenses are not classified as violent crimes. Because of that classification, certain offenders may qualify for early release credits or alternative forms of supervision.

Polston’s 15-year sentence included eight years in prison and seven years on probation. The Oklahoma Department of Corrections released her last week from the Dr. Eddie Warrior Correctional Center and placed her on GPS monitoring.

The decision to release her early was made by the Department of Corrections under current state statutes.

What would the bill change?

A Senate committee voted 9-0 this week to advance legislation that would classify “DUI with great bodily injury” as a violent crime.

Sen. Warren Hamilton, R-McCurtain, said the proposal is intended to fix what he described as an oversight created during previous criminal justice reforms.

“This is a very simple fix, and it’s not something we take lightly,” Hamilton said. “What we discovered was an oversight.”

By reclassifying the offense, offenders convicted of DUI causing great bodily injury would no longer be eligible for certain early release provisions.

What happens next?

With unanimous support in committee, the bill now heads to the full Senate for consideration. If approved there, it would move to the House.

Hamilton said the goal is to correct the statutory provision that enabled the early release.