Driver's License Problems
If you are arrested with a DUI, DWI or APC, your driver’s license may be suspended. Failure of a breath test, or blood test (0.08% or higher if over 21 or 0.02% if under 21) can also result in arrest seizure and likely suspension of a driver’s license. If you are arrested and fail or refuse a breath or blood test, your license will be seized and suspended/revoked 30 days after the date of arrest. You must request a hearing with the Department of Public Safety (DPS) within fifteen days of the arrest to avoid this revocation. If the request for a DPS hearing is not made within the fifteen days following the arrest, the driver will automatically lose his/her driving privileges, which goes into effect on the 31st day after the notice of arrest was served. When a hearing is requested, the temporary driving permit remains effective until a final decision is made in the DPS hearing. Depending on prior convictions, the length of suspension can last anywhere from six months to three years.
The DPS hearing is a separate civil hearing to determine driving privileges regarding your license. The hearing with DPS is a chance for the driver and his/her attorney to save the driver’s license in question from revocation or suspension. At the hearing, DPS will determined if blood and alcohol tests, or the driver’s refusal to such test, was conducted according to the Oklahoma Board of Tests rules and regulations. If DPS determines these rules were not correctly followed, the driver’s license will be returned and the suspension will be set aside.
If you receive your driver’s license back from the DPS hearing, but are convicted of a DUI in the criminal court, you license will be suspended again based on the conviction. Reversely, a driver may be dismissed of DUI charges in criminal court, but found guilty in the civil DPS hearing, in which the license revocation is sustained.
The Oklahoma Department of Public Safety no longer provides a work or restricted driver’s license permit for revocations of greater than 180 days. In all cases where modifications are permitted, the driver resumes normal driving privileges but must install an ignition interlock device in their vehicle.
Oklahoma is a participant in the Interstate Driver’s License Compact. Under the Interstate Driver’s License Compact, when an individual is convicted of drunk driving in a participating state, the state in which the offense occurs will notify the driver’s home state. However, the legal action taken against the driver will be determined by the laws of his/her home state.
If your driver’s license has been suspended or revoked in Oklahoma due to DUI charges, arrests, or convictions, it is important to speak to a skilled criminal defense attorney immediately. The expertise of a DUI defense attorney can drastically improve your chances in a court of law.
The Law Offices of Sifers & Sifers have successfully represented many clients faced with driver’s license issues in Okalahoma. The Law Offices of Sifers & Sifers are committed to providing expert legal advice, using aggressive negotiation tactics, and fighting on behalf of their clients to ensure the best legal care possible. If you are in need of an experienced DUI defense attorney in Oklahoma, call the Law Offices of Sifers & Sifers today!