influence of alcohol or other intoxicating substance - Causing great bodily injury. A. Any person who is involved in a personal injury accident while driving or operating a motor vehicle within this state and who is in violation of the provisions of subsection A of Section 11-902 of this title may be charged with a violation of the provisions of this subsection as follows: 1. Any person who is convicted of a violation of the provisions of this subsection shall be deemed guilty of a misdemeanor for the first offense and shall be punished by imprisonment in the county jail for not less than ninety (90) days nor more than one (1) year, and a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00); and 2. Any person who is convicted of a violation of the provisions of this subsection after having been previously convicted of a violation of this subsection or of Section 11-902 of this title shall be deemed guilty of a Class B5 felony offense and shall be punished by imprisonment in the custody of the Department of Corrections for not less than one (1) year and not more than five (5) years, and a fine of not more than Five Thousand Dollars ($5,000.00). B. 1. Any person who causes an accident resulting in great bodily injury to any person other than himself while driving or operating a motor vehicle within this state and who is in violation of the provisions of subsection A of Section 11-902 of this title may be charged with a violation of the provisions of this subsection. Any person who is convicted of a violation of the provisions of this subsection shall be deemed guilty of a Class B1 felony offense punishable by imprisonment in the custody of the Department of Corrections for not less than four (4) years and not more than twenty (20) years, and a fine of not more than Five Thousand Dollars ($5,000.00). 2. As used in this subsection, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. Added by Laws 1983, c. 43, § 1, emerg. eff. April 21, 1983. Amended by Laws 1984, c. 30, § 1, eff. Nov. 1, 1984; Laws 1985, c. 112, § 11, eff. Nov. 1, 1985; Laws 1989, c. 316, § 1, eff. Nov. 1, 1989; Laws 1997, c. 133, § 482, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 348, eff. July 1, 1999; Laws 2004, c. 275, § 13, eff. July 1, 2004; Laws 2012, c. 157, § 1, eff. Nov. 1, 2012; Laws 2016,
c. 196, § 2, eff. Nov. 1, 2016; Laws 2025, c. 486, § 65, eff. Jan. 1, 2026. NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 482 from July 1, 1998 to July 1, 1999.
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1987–2025 · leading case:
Luster v. State, 746 P.2d 1159 (Okla. Crim. App. 1987).
Luster v. State, 746 P.2d 1159 (Okla. Crim. App. 1987).
· cites it 5× “We hold that appellant was charged under the wrong statute, as the legislature had enacted 47 O.S.Supp.1983, § 11-904 to cover appellant’s crime.”
Hughes v. State, 868 P.2d 730 (Okla. Crim. App. 1994).
· cites it 2× “The jury also convicted Hughes of Driving Under the Influence While Involved in a Personal Injury Accident, in violation of 47 O.S.Supp. 1985, § 11-904. Hughes received an eight-year prison sentence for the manslaughter conviction and a six-month suspended sentence for the…”
Sanders v. State, 2002 OK CR 42 (Okla. Crim. App. 2002).
“8(2)), and Causing a Personal Injury Accident while Under the Influence of Alcohol (Count V) (47 O.S.Supp. 1999, § 11-904), in Case No.”
Busby v. Quail Creek Golf & Country Club, 885 P.2d 1326 (Okla. 1994).
“Title 47 O.S.1991 § 11-904 subjects persons involved in accidents while driving in violation of Section 902 to criminal sanctions.”
In re the Reinstatement of Morgan, 340 P.3d 1 (Okla. 2014).
“§ 711) and a misdemeanor count of driving under the influence-personal injury accident-first offense (47 O.S. § 11-904(A)(1)). 2 Morgan received a 5 year deferred sentence on the felony charge and a one year suspended sentence on the misdemeanor charge.”
Mansfield v. Circle K. Corp., 877 P.2d 1130 (Okla. 1994).
“Title 47 O.S.1991 § 11-904 subjects persons involved in accidents while driving in violation of Section 902 to criminal sanctions.”
Craig v. State, 818 P.2d 1244 (Okla. Crim. App. 1991).
“OPINION PARKS, Judge: Allen Ray Craig, appellant was tried by jury and convicted of Operating a Motor Vehicle Under the Influence of Alcohol or Other Intoxicating Substance and Being Involved in a Personal Injury Accident (47 O.S.Supp.1985, § 11-904) in Wagoner County District…”
In the Matter of the Reinstatement of Morgan, 2014 OK 110 (Okla. 2014).
· cites it 2× “§ 711) and a misdemeanor count of driving under the influence-personal injury accident-first offense (47 O.S. § 11-904 (A) (1)). 2 Morgan received a 5 year deferred sentence on the felony charge and a one year suspended sentence on the misdemeanor charge.”
United States v. Polk (10th Cir. 2023).
“See Okla. Stat. tit. 47, § 11-904 (B)(1). He eventually pleaded guilty to that offense.”
United States v. Hatley (10th Cir. 2025).
“§§ 13 , 13(b)(2)(A), 1151, and 1152, and Okla. Stat. tit. 47, § 11-904 (B) (Counts 2 and 3).”
Okla. Stat. tit. 47, § 11-904(A)(1): 1 case
In re the Reinstatement of Morgan, 340 P.3d 1 (Okla. 2014).
“§ 711) and a misdemeanor count of driving under the influence-personal injury accident-first offense (47 O.S. § 11-904(A)(1)). 2 Morgan received a 5 year deferred sentence on the felony charge and a one year suspended sentence on the misdemeanor charge.”
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