A driver who struck five vehicles and injured two people in Tulsa's Arts District pleaded guilty to a felony DUI but could have his guilty plea expunged after completing probation in 2033.
Brandon Hohengarten, 29, received a deferred sentence after pleading guilty to the felony charge stemming from a Saturday, Aug. 1, crash near Boston Avenue and Reconciliation Way, according to KRMG. The outcome has prompted scrutiny of whether Tulsa County prosecutors applied Oklahoma's tougher DUI law as lawmakers intended.
Surveillance video showed Hohengarten's 2006 Toyota 4Runner hitting a parked car near Guthrie Green, then bouncing off a vehicle traveling in the opposite direction. The SUV continued to strike cars for more than half a block before stopping near the Bob Dylan Center. The crash happened as families were heading to a Tulsa Drillers game. FOX23 first reported on the case in August.
Officers found an empty BuzzBallz alcohol container in the SUV's center console. Hohengarten struggled to stand during a field sobriety test and refused a breath test, according to Tulsa police. He told officers he had not been drinking. When asked why he was barefoot, he said he had left his shoes at a bar.
Hohengarten was initially arrested on three misdemeanor charges: DUI, driving without insurance and having an open container. He bonded out on $1,000 and pleaded not guilty six days later.
FOX23 investigative reporter Janna Clark then questioned why the DUI was not a felony under Senate Bill 54, Oklahoma's expanded aggravated DUI law that took effect Nov. 1, 2025. The law, championed by Sen. Darrell Weaver, R-Moore, made a first-time DUI a potential felony when aggravating circumstances are present, including causing a crash.
Tulsa County District Attorney Steve Kunzweiler acknowledged the error. "My prosecutor should have caught that and so, thank you … I'm glad that you guys picked up this particular aspect of the case," Kunzweiler told KRMG. The charge was upgraded to a felony.
But the sentence that followed has drawn scrutiny. Court records show Hohengarten pleaded guilty to the felony DUI, and the sentence was deferred. He must pay $28 a month to the Tulsa County court system and participate in electronic monitoring. If he completes seven years of probation without further trouble, the charges could be expunged. Court records list a September 2033 expungement date.
The Tulsa County District Attorney's Office said the punishment remains within the range allowed for a misdemeanor under state law, despite the felony charge. Prosecutors said seven years is the longest probation period Oklahoma law allows. Because Hohengarten had no criminal history, the office said public safety would be best served by holding him accountable for the longest period possible while providing an opportunity for rehabilitation.
A legal analysis of SB 54 published by the Talley, Turner, Stice & Bertman law firm states that a first aggravated DUI conviction requires at least 10 days in jail. Judges cannot replace that mandatory jail time with probation or a deferred sentence, according to the analysis. The published reporting does not establish whether Hohengarten’s sentence included the mandatory jail portion or credited time already served.
Brandon Helscel, owner of Classic Cigars and Lounge near the crash site, said he had never seen anything like it in his three years in the area. "He caused a lot of damage and even though someone didn't die, it very easily could have been much worse," Helscel told KRMG.
One person injured in the crash told FOX23 in August that he was doing fine but that his vehicle had to be towed. The condition of a second person, who was taken to a hospital, has not been reported. Hohengarten did not have insurance at the time of the crash, leaving those whose vehicles were damaged to deal with repair or replacement costs on their own.
