Oklahoma Driver's License: DUI
The Information You Need To Know
By Joshua C. Smith
When you are charged with DUI in Oklahoma, you are really facing two separate legal actions: a criminal charge, which is heard in a court of law and a civil action against your driving privileges by the Oklahoma Department of Public Safety (DPS), the same agency that issues drivers licenses. The action is heard by DPS in an administrative license hearing.
You only have 15 days from the day of your arrest to request the administrative hearing. Otherwise, you forfeit your chance to defend your driver’s license, which will be automatically revoked 30 days after your arrest for a period of no less than 180 days
“It is crucial that you seek quality legal assistance immediately to preserve all of your constitutional rights”
Once you are placed under arrest for DUI, the arresting officer will confiscate your driver’s license and issue you a temporary driving permit, which will be good for 30 days. At this point, you only have 15 days from the date of your arrest to request the administrative hearing.
If you submitted to a blood test at the time of your arrest, the officer generally will not take your license and you will have additional time to request a hearing. If you are arrested for a DUI involving drugs, DPS will suspend your license only after receiving an abstract that you were convicted of this charge in the criminal case.
The Oklahoma Department of Public Safety is the administrative agency that handles the civil action following a DUI arrest. The Department Of Public Safety has the power to suspend or revoke your license or to reinstate your license. DPS is the agency that I will contact to request your administrative license suspension hearing within 15 days of being arrested.
At the administrative license suspension hearing, an administrative hearing officer will determine whether the Oklahoma Board of Tests (BOT) rules were followed during your DUI arrest or whether your refusal to submit to testing was valid. If police did not adhere to the BOT’s rules when administering chemical sobriety tests, then the license revocation will be reversed and your license will be returned to you.
You should note that it is possible to have the DUI dismissed or be found not guilty of DUI yet still lose your license. However, it is also possible to have a successful DPS hearing in which your license is reinstated, only to lose your criminal DUI case and have your driver’s license revoked. In other words, there is only one license suspension per DUI arrest, but the State has two chances to take your license.
It is crucial that you seek quality legal representation immediately to preserve all of your constitutional rights. Failing to submit a timely request for an administrative hearing will result in an automatic suspension for no less than six months. Joshua C. Smith has revolutionized DUI defense in Oklahoma and will provide you with cutting edge advice on how win your case.