Okla. Stat. tit. 21, § 21-1835.9: Aggravated violations

A. A violation of paragraph 1 of Section 4 of this act shall be

aggravated where in the course of the violation there occurs the

driving of any automobile, motorcycle, trail bicycle, or any other

motorized vehicle in a way as to endanger others or to cause damage

to the land.

B. The penalty for a violation of this section shall consist of

a fine of Five Hundred Dollars ($500.00) or imprisonment for not

more than ten (10) days; for a second conviction within one (1) year

after the first conviction, by imprisonment for not more than twenty

(20) days; and upon a third or subsequent conviction within one (1)

year after the first conviction, by imprisonment for not more than

six (6) months, or by both such fine and imprisonment. A person may

not be charged for the same offense under this section and paragraph

1 of Section 4 of this act.