Tulsa County DUI: Will I Lose My Driver's License?

Anytime you are arrested for a DUI in Tulsa County, you can expect to have two cases. This takes most people by surprise. Everyone expects the criminal charge; this is the case you already have a court date for. However, most people don't anticipate the second case—the civil driver's license case. Here is everything you need to know about both cases that result from a DUI arrest.

The Criminal Case

The criminal case is what most people anticipate when they are arrested. This is because it is the most familiar through the media. We have all seen television shows or news broadcasts covering the jury trial from a criminal case. However, very few criminal cases end in a jury trial. There are many different paths for a criminal case to take. In order to understand these options, it's important to understand the process of being charged with a crime.

Whenever you are arrested, the arresting officer will book you in on a charge. This does not mean you are charged with that crime. The arresting officer doesn't have the ability to charge you—only the Tulsa County District Attorney's office can charge you with a crime. Whenever you bond out of jail, you will be given a court date. This is an arraignment date, which is your very first court date. At this court date, the judge will tell you what you have been charged with. This could be the same charge the officer booked you in on, or it could be different. This has become more common after the new law change for DUIs. Some arresting officers may book you in on a misdemeanor DUI, but the prosecutor may choose to elevate it to a felony if it meets one of the felony criteria. They have the ability to do this even though it isn't what you were booked in for.

Once charged with a crime, you are not held to that specific crime. In many instances, you may be able to obtain a plea deal that results in a lesser charge or a deferred sentence. A deferred sentence allows you to go on probation and then get your case dismissed at the end, therefore avoiding a conviction. This is one area where your criminal case differs from your civil driver's license case. You can negotiate a plea offer with the prosecutor and find a middle ground. This is not something you are able to do in your civil driver's license case.

In a criminal case, the burden of proof at trial is beyond a reasonable doubt. This means that if you choose to go to a jury or bench trial, the Tulsa County DA's office must show that you committed each element of the crime beyond a reasonable doubt. This is the highest burden of proof, and it is required in all criminal cases. This is because a case is considered "criminal" when it carries a punishment of jail time. All DUIs have a range of punishments that include jail time if found guilty. However, this does not necessarily mean you will go to jail. There are many ways to avoid jail time when you are charged with a DUI.

The Civil Driver's License Case

The second case, which most people don't anticipate, is a civil driver's license case. This is where the agency once known as DPS, currently operating under the title of Service Oklahoma, can revoke your driving privileges. This is a civil charge because it doesn't carry a punishment of jail time if Service Oklahoma is successful.

The civil case isn't automatic the way your criminal charges are. With the criminal case, you are given a court date immediately upon bailing out of jail. If you fail to attend that court date, a bench warrant is issued for your arrest. With a civil driver's license case, the case isn't triggered until a series of events takes place. First, Service Oklahoma must receive the officer's impaired driving affidavit. Once they receive this from the arresting officer, they will send you a letter in the mail notifying you that they intend to revoke your driving privileges. This letter will include the date that your privileges will be revoked. You then may either enroll in IDAP or file an appeal. Filing the appeal is what triggers your second case. Technically, you are the one filing the case. However, you are doing it in response to Service Oklahoma taking away your driving privileges.

Once your case is filed, you will be given a hearing date. At this hearing, Service Oklahoma has the burden of proof. They must prove by a preponderance of the evidence—a much lower standard of proof than that of the criminal case—that you were offered the State's test (a breathalyzer test using the Intoxilyzer or a blood test) and that you either refused or blew over a .08. It is important to note that these requirements only apply to individuals over the age of 21. If you are under the age of 21, any detectable amount of alcohol in your system is sufficient to revoke your driving privileges.

If Service Oklahoma is successful in meeting their burden of proof, you must enroll in IDAP in order to maintain your ability to drive. This is unique because Service Oklahoma doesn't have the ability to negotiate a deal the same way the DA's office does. The law prescribes a certain amount of time that you must participate in the IDAP program. For example, a first offense is 6 months, a second offense is 1 year, and so on. You can't request that they lower the time frame and come to an agreement. It is an all-or-nothing system.

There are pros and cons to this all-or-nothing system. One pro is that you have nothing to lose by having a hearing. You might as well take the driver's license case to trial and see if you can win. If not, you are stuck doing the same thing you would have had to do anyway. The con is that it's a fairly straightforward issue to prove. You either took the test and failed or refused. This doesn't mean that you are doomed to lose your hearing. There are many ways to successfully attack the breath test. The National Highway Traffic Safety Administration (NHTSA) has a set of standards that must be followed in order for a breath test to be accurate. Deviation from these standards causes the breath test to be inadmissible. Having an attorney who is familiar with these standards so they can adequately attack the breath test is incredibly important.

One other positive to this system is that you are able to drive for the entirety of the civil case proceeding. This means if it takes 2 months for the judge to hear your case, you aren't stuck with a revoked license during that time. You are able to continue driving like everything is normal until the judge is able to hear your case.

The Two Cases Don't Interact

One thing that surprises most people is that these two cases—the criminal case and the civil driver's license case—don't affect each other. If you successfully fight your criminal case and win, the civil case can still move forward. The same can be said in reverse. One doesn't affect the other. That being said, there are certain things that have to be handled in your criminal case in order to ensure you are protected during your civil driver's license case. One of these is discovery. You are not entitled to discovery in your civil driver's license case. However, if your attorney collects discovery in your criminal case, they can use it in your civil driver's license case. Another issue is that your criminal case may require a breathalyzer regardless of whether you are successful in your civil driver's license case. This means you can win your civil driver's license case, thus avoiding enrolling in IDAP and requiring a breathalyzer, then have a breathalyzer required as part of a plea deal for your criminal case. In that instance, you still have to get the breathalyzer for your criminal charge.

If you have been charged with a DUI, it is important to find an attorney who not only knows how to handle your criminal case, but also your civil driver's license case. If you have questions, please give us a call for a free consultation.

Tulsa County DUI Driver's License Q&A

Do I need to go to court for my driver's license case?

Typically, no. I prefer my clients not be present for driver's license court dates. This is because you do not have the right to remain silent, and Service Oklahoma can make you testify if you are present. In some limited circumstances, it can be beneficial to have you testify, but this is very rare.

Can I keep driving while my case is pending?

Yes, you can continue to drive while your civil driver's license case is pending, even if the date of revocation on your letter has already passed. This is because the court puts a "stay" on the revocation, which means they pause it until an outcome is reached.

Can I wait out the suspension and skip IDAP?

No. You were once allowed to wait out the time frame and get your license back, but that is no longer allowed under the law. If your license is revoked, it remains revoked forever until you complete IDAP successfully.

What is IDAP?

IDAP is a program through Service Oklahoma that allows you to continue driving after a revocation and eventually restore your license. It requires that you install a breathalyzer in your car, use the breathalyzer a certain number of times each month, and complete a drug and alcohol assessment along with classes.

Can I get a limited license to go to and from work?

No. While there is a work vehicle exemption, it doesn't allow you to keep driving with a revoked license. It allows you to utilize a work vehicle that does not have a breathalyzer installed in limited circumstances. However, you still have to have the breathalyzer installed on your personal vehicle.

Can I install the breathalyzer on one vehicle and just drive another?

No, this is considered a violation of IDAP. If you are pulled over without a breathalyzer in your car, the police officer can see that your license is revoked with the restricted ability to drive only with a breathalyzer in your car. If you do not have the breathalyzer in the car, they can ticket you for driving with a revoked license.

Can I install the breathalyzer right away and just get it over with?

Yes and no. Once you get the revocation letter, you can enroll in IDAP and get started. However, you can't install the breathalyzer until you enroll in IDAP. If you attempt to install it without enrolling, you will not get credit for the time you had the breathalyzer prior to enrolling.

Can I get an ankle monitor or a handheld breathalyzer instead of the car breathalyzer?

No, it unfortunately must be installed in a vehicle in order to comply with IDAP.

I don't have a car. How can I get my license back?

Currently, you cannot get your license back without enrolling in IDAP and installing a breathalyzer in your car. You do not need to be the owner of the car to comply with IDAP; it simply must be a car for which you provide the insurance. However, you will not be able to get your license back until you find a car to utilize for the IDAP requirements.