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Tulsa DUI crash raises questions about Oklahoma's new felony law TULSA, Okla. — A six-car injury crash in downtown Tulsa is raising questions about Oklahoma's tougher DUI laws after a driver initially charged with a misdemeanor was later charged with a felony. The crash happened on Aug. 1 near Boston Avenue and Reconciliation Way in the Tulsa Arts District as families were heading to a Tulsa Drillers game. Surveillance video shows a 2006 silver Toyota 4Runner hitting a parked car before bouncing into another vehicle next to Guthrie Green and the Woody Guthrie Center. The SUV then continued down the street, hitting several more cars before stopping near the Bob Dylan Center. In all, police said the 4Runner hit five cars and injured two people. Brandon Helscel, who owns Classic Cigars and Lounge near the intersection, said he had never seen a crash like it during his three years in the area. Police identified the driver as 29-year-old Brandon Hohengarten. Officers said they found an empty BuzzBallz alcohol container inside his SUV and determined Hohengarten did not have insurance. Police also conducted a sobriety test and said Hohengarten had difficulty standing. He refused a breath test and told officers he had not been drinking. Police also noted he was barefoot and said Hohengarten told them he'd left his shoes at a bar. Hohengarten was arrested and initially faced three misdemeanor charges: DUI, driving without insurance and having an open container of alcohol. That prompted FOX23 Investigative Reporter Janna Clark to question why the DUI charge was not a felony under Oklahoma's updated DUI law. The law expanded the circumstances under which a DUI can be charged as an aggravated DUI, including cases involving dangerous factors such as causing a crash or driving recklessly. After FOX23 contacted the Tulsa District Attorney's Office, prosecutors reviewed the case and changed Hohengarten's DUI charge from a misdemeanor to a felony. Tulsa County District Attorney Steve Kunzweiler told FOX23 that police initially sent the case over as a misdemeanor and did not include all of the information about the crash. He said a prosecutor should have caught the issue. Kunzweiler said the felony charge could have affected considerations surrounding Hohengarten's bond, although he emphasized that bond is intended to ensure a defendant returns to court, not to punish the defendant. Hohengarten initially bonded out of jail on a $1,000 bond. He went to court six days after the crash when the DUI was still a misdemeanor and pleaded not guilty. Kunzweiler said Oklahoma has continued to make DUI laws stricter in an effort to deter impaired driving. Helscel said he believes the charges should reflect the danger involved in the crash. One person injured in the crash told FOX23 he was doing fine, but said his vehicle was not drivable and had to be towed. Police told FOX23 the other injured person was taken to a hospital. Their current condition is unknown. Hohengarten's DUI charge is now a felony. According to court records cited by FOX23, this was his first DUI charge.