Is a DUI a Criminal or Civil Case in Oklahoma?

11/04/20245 minute read

You know that driving under the influence is a serious crime. You probably also know it could result in your license being suspended. But if you have questions beyond that, you’re not alone. Our clients often ask us whether a DUI is a criminal or civil case and what the difference is. We’ve got the answers for you, so let’s dive in.

Is a DUI Civil or Criminal Case in Oklahoma?

Both. In Oklahoma, a DUI involves both a criminal charge and a civil case. Service Oklahoma, formerly DPS, will likely bring a civil case against you, which can result in a license revocation of 180 days for a first offense, 1 year for a second offense, and 2 years for a third offense. The state, led by the district attorney in your area, will also bring a criminal case for violating Oklahoma’s laws against drunk driving. Your criminal case involves fines, as well as potential probation or even jail time.

What’s the Difference Between a Civil and Criminal Case for a DUI?

There are several differences between civil and criminal cases in Oklahoma. Your criminal case means you violated the law: Operating a motor vehicle while intoxicated is a crime in every state. In civil cases, you don’t necessarily need to have broken a law. These cases can be brought by an individual or agency who believes you’ve harmed them.

Criminal DUI Charges

Criminal cases are brought by the state prosecutor. They’ll look at the state’s evidence and decide whether the case is strong enough to file charges. DUI evidence like the arresting officer’s testimony or failure of a breathalyzer or standard field sobriety test is typically enough for the prosecutor to move forward with your case.

After the charges are filed, you’ll be arraigned and assigned to a court docket. Your DUI attorney will work on your defense, which might include challenging the traffic stop or the evidence against you. While your case could be dismissed, many DUIs are resolved through plea deals: Your attorney will negotiate for a deferred sentence or suspended sentence, depending on the facts of your case.

Your criminal DUI charges are the most serious part of your case. You could end up with a criminal record or even go to jail. That’s why it’s so important to hire an experienced DUI attorney.

License Suspension

According to the U.S. Supreme Court, having a driver’s license isn’t a right – it’s a privilege. You therefore do not have a “right to drive” in Oklahoma or any other state. This is important because it’s easier for the state to take away a privilege than a right. It means that Oklahoma DPS (now called Service OK) can file a civil case against you to revoke your license, even if you haven’t been convicted of a DUI.

However, the state does still have to give you due process, meaning you have to be treated fairly. You’ll be issued a temporary license and have 30 days to appeal your license suspension. You can also choose not to challenge it, in which case your license will be revoked after 30 days. Your civil case is an important part of what happens after a DUI, and your attorney can help you make a plan for this as well.

Civil Lawsuits

There’s one more category in the question of whether a DUI is civil or criminal: civil lawsuits. Unlike your criminal case and license suspension, these lawsuits aren’t filed by the state. They’re filed by someone who was harmed by your DUI, for example:

If you damaged a fence, another vehicle, or other property, the property owner can file a lawsuit
If you injured someone, they can sue you for medical bills and other compensation
If you caused an accident that resulted in someone’s death, their family members could sue you for wrongful death

Civil lawsuits will still show up on your court records, and you could be ordered to pay the other person a lot of money. However, you won’t face jail time for a civil case, like you might for a felony DUI.

The Bottom Line

The answer to the question “Is a DUI criminal or civil?” is that it’s both. Not only that, you could face multiple civil cases if you damaged property or hurt someone. DUI cases can get complex, which is why it’s essential to have an experienced lawyer like the Tulsa DUI Guy on your side.