What are the different parts of the DUI process?
A DUI is comprised of TWO separate and distinct actions. • Criminal – the defendant is prosecuted for the crime of Driving Under the Influence of Alcohol. The state must prove the elements of the crime of DUI beyond a reasonable doubt. If convicted they may be punished with fines, community service, or imprisonment. In addition, a conviction for DUI will result in the revocation of your driver’s license. • Civil – the State of Oklahoma (through the Department of Public Safety) is suing the defendant for their driver’s license. This is an administrative action. The state must show by preponderance of the evidence that the defendant was driving or an actual physical control of a motor vehicle while under the influence of intoxicants. If the state meets its burden, the defendant’s license may be revoked. It is possible to lose the civil action but win the criminal action. At the same time, it is possible to escape a conviction through a plea deal, and still lose your license in the civil
