Oklahoma DUI/DWI Facts
Oklahoma Driving Under the Influence, Driving While Impaired, Actual Physical Control Facts
An arrest for DUI/DWI/APC in Oklahoma creates 2 separate problems for you:
- The government has filed a criminal case against you. This includes the risk of jail time, a criminal record, loss of jobs, astronomical insurance rates, damaged credit rating and other hidden problems. The State must prove each element of the crime beyond a reasonable doubt. They will be required to produce evidence and support that evidence.
- The second issue is your driver’s license. The state in a separate
civil action will move to suspend your driver’s license based only on
your arrest. This action is not directly related to your criminal case,
you are entitled to an administrative hearing and if you are not
successful at that hearing, you can appeal the revocation in the civil
court. The issues are more limited in this administrative hearing and
the standard of proof is the lower burden-preponderance of the
evidence.As stated, the two cases run independent of each other. The
state only gets one chance to prosecute you criminally but you must
understand the State gets TWO chances to suspend your driver’s license.
If you loose in either of the above hearings (criminal or civil) your
license will be suspended. It is possible to win your DUI and still
have your driver’s license suspended. Additionally, there are special
problems if you have a Commercial driver’s license or a pilot’s
license.
