OKLAHOMA CITY -- The DUI case against Oklahoma City Councilman Skip Kelly is on hold for the moment.
His attorney, Charles Sifer has asked for a Continuance.
Kelly was arrested in January of this year when Police say they found him in a running vehicle blocking eastbound lanes at Northwest 63rd and Western. Kelly was also arrested for a DUI in 2009.
A change in the law as of November 1st of 2011 is putting Kelly at risk of getting charged with a felony.
The new law allows previous DUI's to enhance a defendant's charge from misdemeanor to felony.
A felony would mean Kelly could lose his city council seat.
Sifers says the legal issue is whether Kelly's 2009 DUI can be used against him.
"Whether they can go back and pick up deferred sentences that were completed before November1st and use them to make a DUI a felony." Sifers said.
Sifers says there is a similar case going through Oklahoma County courts right now where a judge dismissed the case.
The state has now appealed it.
Sifers wants to see how the process plays out before going ahead with Kelly's case.
"We requested Mr. kelly's case be continued until the state has finished the appeal that they have announced." said Sifers.
That case goes forward on July 10th.