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With any DUI charge, there are actually two separate cases. The first matter is the criminal case against your liberty which carries fines and possible jail time. (See Penalties for more information). In this case, the government must prove each element of the crime beyond a reasonable doubt to a judge or jury. If they cannot do so, then you would be found not guilty in the criminal matter.

The second matter is a civil action against your driving privileges. These two matters are completely separate and do not affect each other with only one exception to be explained. The issue at DPS is whether the test was completed according to the Oklahoma Board of Tests rules and regulations or if your refusal was valid under the same rules. If the BOT rules were not adhered to, the revocation would be set aside and your license returned.

It is possible to get a DUI dismissed or be found not guilty of DUI and still lose your license. However, the one exception of where the two separate matters affect each other is where the license revocation is set aside and you got your license back but you are convicted of DUI, DPS will suspend your license based on the DUI conviction. There is only one license suspension per DUI arrest, but the government gets two chances to take your license.

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The information on this website is provided as educational and awareness information and should not be construed as legal advice. Nothing contained on this site constitutes any type of legal agreement, relationship, or obligation between the parties.

 DUI Questions
 · What is the difference between DPS License Hearing and Criminal Case?
 · What if I have a Commerical Drivers License ( CDL )?
 · What if I have a Pilot's License and I get a DUI?
 · What are the criminal penalties of a DUI in Oklahoma? 
 · What will happen to my Oklahoma Driver's License if I am arrested for a DUI?
 · Will I go to jail for getting a DUI in Oklahoma?
 · Are Field Sobriety Tests very accurate?
 · How Accurate is the Breath Test?
 · How is the Breath Testing Done?
 · Can anything affect my performance on the Field Sobriety Tests?

More FAQS on DUI

 Field Sobriety Tests - Do you have to submit to these tests?
Every single DUI case is different, but as a general rule, it is almost always better to take the test in Oklahoma. However, if you have several convictions for DUI and fail time is more of the concern versus saving your Oklahoma driver's license, then you should not take the test unless you think you will pass it.

· To Take the Test or not, that is the question?
· What are Field Sobriety Tests?
· Horizontal Gaze Nystagmus (HGN)
· Walk & Turn
· One Leg Stand
· Counting Backwards (not a validated test)
· Alphabet (not a validated test)
· Finger Count (not a validated test)
· Stationary Balance (i.e. Rhomberg) (not a validated test)
· Field Test Realities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

New DUI Laws
Effective Nov 1, 2011

If you refused to take the breath or blood test or the result was a .15 or higher BAC, you may be required to install an ignition interlock device on your car for two years. If you have prior license revocations, you may be required to install an ignition interlock device on your vehicle for up to 8 years. Contact our office at 405-231-5600 now to see if these new laws apply to you. Remember, we must take action within 15 days of your arrest to prevent license suspension.

DUI Penalties
Field Sobriety Test
Calculate your BAC
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Out of State Residents