You should contact us immediately to make sure that your rights are preserved. You must take action within 30 days of your arrest to avoid the revocation of your drivers license. You should retain any documentation that you have been provided by the arresting officer and bring it with you when you meet with us.

Not necessarily - you have several options to retain your license. The Impaired Driver Accountability Program (IDAP) allows you to keep your license with certain restrictions. You must apply for the program within 30 days of your arrest. You can also contest your license revocation in court. See our page on 

Yes. You can still be charged with DUI-Drugs even if the drug in question was prescribed legally. Under Oklahoma Law, there is no distinction between a DUI for illegal drugs and prescription drugs. The only question is whether that drug impaired your ability to drive safely. We can, however, use the fact that you are prescribed a drug to argue that you were not impaired.

There is no criminal penalty for refusing to submit to a warrantless BAC test, but your refusal may be used as evidence against you in a trial. Additionally, you may be subject to enhanced administrative penalties such as a longer revocation of your drivers license or a longer period where you have to have an interlock device in your car. For more information, see our article on 

Maybe. If your driver license was seized and it was valid and unexpired at the time, the officer will indicate on your copy of the affidavit that the affidavit will serve as a temporary driver license for a period of thirty (30) days. This temporary license authorizes you to drive for thirty (30) calendar days from the date the officer serves you with the affidavit, provided you are not suspended or revoked for some other reason. See our page on 

Miranda generally only applies if you’re either in a custodial interrogation or under arrest and you’re being asked questions that are likely to illicit and incriminating response. Most of the time, it does not apply in DUI stops where officers are allowed to ask preliminary questions such as where are you going? Where are you coming from? Have you had anything to drink do you feel intoxicated? Do you feel the effects of the alcohol?

I have been arrested for a DUI. What do I do now?

Not necessarily - you have several options to retain your license. The Impaired Driver Accountability Program (IDAP) allows you to keep your license with certain restrictions. You must apply for the program within 30 days of your arrest. You can also contest your license revocation in court. See our page on Driver's Licenses for more information.

Will I lose my license?

Can I get a DUI for one of my prescriptions?

There is no criminal penalty for refusing to submit to a warrantless BAC test, but your refusal may be used as evidence against you in a trial. Additionally, you may be subject to enhanced administrative penalties such as a longer revocation of your drivers license or a longer period where you have to have an interlock device in your car. For more information, see our article on refusing a breathalyzer.

What happens if I refuse a BAC (Blood Alcohol Concentration) Test?

Maybe. If your driver license was seized and it was valid and unexpired at the time, the officer will indicate on your copy of the affidavit that the affidavit will serve as a temporary driver license for a period of thirty (30) days. This temporary license authorizes you to drive for thirty (30) calendar days from the date the officer serves you with the affidavit, provided you are not suspended or revoked for some other reason. See our page on Driver's Licenses for more information.

The officer seized my drivers license. Can I still continue to drive?

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Oklahoma’s DUI laws are complex and dynamic, and occasionally change to reflect evolving laws. Get a summary of Oklahoma’s DUI laws in 2025, with a focus on license revocations. 

Oklahoma’s DUI Laws (2025)

You probably know some of the basics about DUIs. But if you have questions, you’re not alone. That’s why we’re covering whether a DUI is criminal or civil, what the difference is, and what you should do next.

Is a DUI a Criminal or Civil Case in Oklahoma?

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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.

Is a DUI Civil or Criminal Case in Oklahoma?

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. 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. 

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

A DUI is considered to be more serious than a simple traffic violation. The phrase “traffic violation” in Oklahoma typically refers to driving infractions that aren’t serious enough to be charged as criminal cases.

While you might get a ticket for a traffic violation and have points added to your driving record, you won’t end up with a criminal record. However, there are some crimes you can commit while driving that are considered traffic misdemeanors, including:, Driving with a suspended license, First-time DUI (second offenses and more are felonies), Parking unlawfully on private property. and Reckless driving.

Being found guilty of these crimes will not only add points to your driving record, but have other serious consequences. In the discussion of whether a DUI is civil or criminal, whether it’s also a traffic violation may be the least of your worries.

Is a DUI a Traffic Violation?

Yes, if you damaged property or injured or killed someone, you could have another civil case to worry about: The injured party can also file a civil lawsuit against you – an important thing to know when answering the question “Is a DUI criminal or civil?” For damaged property, you could be ordered to pay for the repair or replacement costs, loss of value, and the other party’s attorney fees and court fees. In a personal injury or wrongful death claim, you could be ordered to pay much more, including medical bills and non-economic damages for pain and suffering.

Can I Be Sued After a DUI?

While it can seem like a hassle, an ignition interlock device allows you to keep your license when you get a DUI. Learn about what an ignition interlock device is, how it works, and how it can help you get your license – and life – back. 

What Is an Ignition Interlock Device? Cost, Requirements, and FAQs

An ignition interlock device is a small device that’s installed in your car and controls whether it will start based on your blood alcohol content (BAC). When you want to start the vehicle, you blow into the device and it measures your BAC. If it detects alcohol, it will disable your car so that it won’t start. Then it will log the failure in its system. 

An IID can also require you to blow into the device at random times while you’re actually driving. Usually it will require what’s called a “rolling retest” about 5 to 15 minutes after you start the car. If it detects alcohol, it will trigger an alarm and you’ll have to pull over. Again, this will go into the system.

What Is an Ignition Interlock Device?

Ignition interlock devices prevent your car from starting by blocking the signal from the ignition to the starter, which is a small motor powered by the battery. Once it registers a clean breath test, it will allow the signal through. If you fail the test, the signal stays blocked. 

When it comes to measuring your BAC, an ignition interlock device is essentially the same thing as a breathalyzer test you might take when you’re pulled over for a DUI. They use fuel cell technology, which causes a chemical reaction to occur if you have alcohol on your breath. This reaction produces an electrical current that the machine reads and shows on the screen as a number: your BAC.

How Does an IID Work?

The safe answer to this question is “no”: Ignition interlock devices can detect very small amounts of alcohol. In Oklahoma, IIDs are set to detect a BAC of 0.025 or above. This is less than the legal limit for a DUI, which is 0.08, and even a DWI, which is 0.06. According to BAC level charts, most women reach a BAC of more than 0.025 after just one drink, or even less. Depending on weight, some men will, too. Your BAC also depends on your body fat content, how much you ate that day, and more. It’s best not to risk it.

Can I Drink at All with an IID?

No, ignition interlock devices won’t detect drugs, including marijuana. They’re only designed to measure your BAC – the chemical reaction that’s required won’t happen with other substances. But again, you shouldn’t take this risk. If you get a DUI-Drugs, it will count as your second DUI, which means it will be a felony charge. You’ll end up with more consequences that just aren’t worth it.

Does an IID Detect Drugs?

In Oklahoma, if your license is suspended because of a DUI, you’ll have to enroll in the Impaired Driving Accountability Program (IDAP), which requires that you install an ignition interlock device in your vehicle. If you don’t want to enroll in IDAP, you can try appealing your license suspension. However, if your appeal is denied or you’re convicted in your criminal case, which is a separate charge, you’ll still have to install an IID and complete IDAP. 

There’s also nothing stopping you from voluntarily installing an IID in your car or the car of a loved one. People sometimes do this if they’re a recovering alcoholic or they want to make sure their spouse or teenager doesn’t drive drunk. The installation process is the same in these cases. The only difference is that you’re not enrolled in a program, so your IID isn’t overseen by the state.

When Do I Have to Install an Ignition Interlock Device?

An ignition interlock device costs about $75 to install, plus $75 per month to maintain. You might also pay a removal fee. The state of Oklahoma doesn’t regulate the exact cost of an IID: the manufacturers and installers set the pricing. However, they do have to send their fees to the Oklahoma Board of Tests, and they’re not allowed to charge different fees than what’s on record with the Board. That makes it easy to check and compare pricing from different providers. 

Keep in mind there’s also a $150 fee to enroll in IDAP and a fee to reinstate your license with the DMV when you complete the program. All of this adds to the high cost of a DUI.

How Much Does an Ignition Interlock Device Cost?

No. If you’re enrolled in IDAP, the only way to remove an ignition interlock device is to complete the program and reinstate your license. Then you can have it professionally removed. While you may be able to physically remove the device yourself, it will notify your IID provider – and therefore the state of Oklahoma – that you’ve tampered with it. 

This is one of the worst interlock violations you can get, and you’ll almost certainly have to keep the IID in your car for even longer as a punishment. The additional time is usually one-third of the original time period. So if your IID agreement was for 6 months, you’ll add another 2 months. If it was for 1 year, you’ll add 4 months. And if you were supposed to have the IID for 3 years, you could add another whole year onto your agreement. Again, it’s just not worth it.

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Oklahoma’s DUI Laws (2025)

Is a DUI a Criminal or Civil Case in Oklahoma?

What Is an Ignition Interlock Device? Cost, Requirements, and FAQs

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