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INFORMATION ABOUT OKLAHOMA DRIVER’S LICENSE OR WORK PERMIT IN REGARD TO DRUNK DRIVING OR DUI OFFENSE by Criminal Defense Attorney in Tulsa, Oklahoma,
Glen R. Graham, Phone: 918-583-4621
NOTICE - New Oklahoma DPS policy is to treat all alternative requests for either a work permit or an administrative hearing as a request for an administrative hearing only - so you need to make a decision within 15 days of date of arrest either for a work permit or administrative hearing before sending in the request.
In regard to any DUI or APC, you the client are hereby notified that you have the right to in the alternative to take the following actions:
YOUR COURT MATTER IS TREATED COMPLETELY SEPARATE FROM THE DRIVER’S LICENSE MATTER and YOUR LICENSE MAY BE REVOKED EVEN THOUGH YOUR CRIMINAL CASE IS DISMISSED OR REDUCED TO A LESSER OFFENSE AND EVEN IF YOUR CASE IS AMENDED TO CARELESS DRIVING.
Upon your arrest, the officer takes your driver’s license and is supposed to give you a piece of paper (“temporary modified driver’s license) to drive on that is good for thirty (30) days. The paper notifies you that you have 15 days from the date of your arrest to either request an administrative hearing on your license or to request a modified drivers license in place of the administrative hearing.
After the 15 days elapses – if the Department of Public Safety has not received a request for an administrative hearing or modified driver’s license, then your license could be revoked for months or even years depending upon the specific facts of your case.
You can still make a request for a modified driver’s license after the 15 days but you lose your right to a hearing unless you make a request within 15 days. It has to be actually received by the DPS within 15 days and not just mailed.
Each case is different. Currently, it is often taking the DPS more than 30 days to respond to your request for a hearing or a modified license, so time is of the essence.
Your choices are as follows:
In the alternative:
1) Do nothing and your driver’s license with be revoked for years.
2) Send a timely request within 15 days to the DPS requesting a modified drivers license in place of a hearing.
3) Send a timely request within 15 days to the DPS requesting an administrative hearing and a modified license pending the hearing date.
4) Send in a LATE REQUEST after the 15 days – requesting a modified driver’s license.
I can assist you in requesting in the alternative a modified drivers license permit to drive or in the alternative an administrative hearing on your driver's license. We can send a letter to the Dept of Public Safety (by fax) and they have to receive it within 15 days of the date of your arrest (not just mailed but actually received). There are no extensions of time and it is a flat 15 days including counting weekends and counting holidays. If the final day for receipt falls on a holiday or weekend then it is extended to the following Monday or day that they are open, but you should not wait till the last minute to send them the letter. If you are here in my office, then I can assist you in faxing this request today.
NOTE: New DPS policy is to treat all ALTERNATIVE requests for hearing or work permit as a request for a hearing only. So, you need to specify if you want a hearing or if you want the work permit - modified license in place of the hearing.
In response to your letter, the Department of Public Safety will mail you a letter in about 4 weeks or longer that offers you two (2) choices:
Option One (1): (Least Expensive Option) In response to your letter, the Dept. of Public Safety will mail you a letter in about 4 weeks. It will say that you have twenty (20) days from the date of their letter to mail them back their application for a modified drivers license along with their requested fee of
$175 which is good for the entire period of suspension. They will require you to later to have installed an "interlock breath machine" that you must blow into to start your car and about every 15-20 minutes approximately. This machines costs approximately $75 dollars per month. There may be an initial installation fee.
You only have twenty (20) days from the date of their letter offering you a modified drivers license to send them the application back to them. After twenty (20) days, if they have not received their application and fee of $175 dollars from you then it will be scheduled for a hearing at the Dept. of Public Safety. You could call them at the phone number on their letter to see if they will allow you more time to send them their application or the $175 dollars.
Option Two (2): (More Expensive Option) You can choose to have an administrative hearing by not sending back the application for a modified drivers license or by sending a letter to them telling them that you want the hearing.
Again - initially you only have 15 days from the date of your arrest to make the request, but if it is a response to their letter then you have 20 days from the date of their letter. If they do not receive their offered application for a modified drivers license within 20 days of the date of their letter then they will schedule it for an administrative hearing. You will need and should hire an attorney to appear at the administrative hearing. My fee is negotiable.
It is very important to note that by having an administrative hearing, you could gain insight into what mistakes if any that the officer may have made in your case but if you lose the administrative hearing then to keep a license you have to appeal which costs more money. If you lose the administrative hearing then you have 30 days to appeal the matter to the district court as follows:
Pay Attorney fees of $Negotiable
Pay Court Costs of About $148.00
Pay Cash Bond Fee of $250.00
Total of $348.00 plus attorney fees
IF YOU CHOOSE TO HAVE AN ADMINISTRATIVE HEARING ON YOUR DRIVER’S LICENSE THEN = You do not have to appeal - you can lose your license instead but the only way to keep a license is to appeal if you choose to have an administrative hearing but if you choose to waive the hearing and pay for the modified license in place of a hearing then you DO NOT HAVE TO APPEAL because you did not have a hearing. Lastly, you do not have to have a hearing. In most cases, you can waive your right to an administrative hearing and pay for a temporary drivers license and interlock device in place of an administrative hearing.
It is also important to note that if you get convicted of a driving under the influence case, then the department of public safety may suspend your driver's license by virtue of receiving a conviction for a dui separately from the administrative hearing - which means that even if you win the administrative
hearing that the department of public safety may suspend you drivers license but if you agree to a modified drivers license in place of the hearing then you would not lose you driving privilege if you were convicted of the DUI.
In other words - even if you win a DPS hearing - you would lose your drivers license if you got a DUI or APC conviction in court on the matter. But, you would not lose your drivers license if the matter got reduced to a lesser offense but if you got a DUI conviction, then you license would be suspended by the conviction unless you agreed previously to a modified drivers license in place of the hearing.
Effective November 1, 2011, the new Erin Swezey Act went into effect in Oklahoma. It has been interpreted as only applying to arrests after November 1, 2011.
This new act does not eliminate your right to request a hearing to challenge the revocation of your drivers license on any DUI arrest, as long as your make a timely request within 15 days of the date of your arrest.
The specific statute in Oklahoma dealing with drivers license ignition interlock issues in stated in Title 47 O.S. Section 6-212.3. Here is the link to this new Oklahoma DUI ignition interlock law:
This new act has implemented the following requirements.
On your first DUI arrest, if your breath result is below .08, then you may be looking at an ignition interlock requirement of 6 months for a temporary drivers license unless your win the hearing on your drivers license, provided you made a timely request within 15 days for the date of your arrest.
However, even if this is your first DUI arrest, if you refused the test or if your breath result is above .15 blood alcohol content, then unless you win the hearing on your drivers license, you will be required to install an ignition interlock device on your vehicle for an additional 18 months after reinstatement (18 months plus the 6 months = 24 months) if the revocation or suspension was based on a refusal to test or a test result of .15 or more BAC.
If it is your 2nd revocation or suspension within 10 years for a DUI, then you will be required to have an ignition interlock device for an additional 4 years "after reinstatement of your drivers license." This is for a revocation/suspension based on a refusal or test score over the legal limit of only .08 (not .15 as with the first revocation).
If it is your 3rd revocation or suspension within 10 years for a DUI, then you will be required to have an ignition interlock device for an additional 5 years after reinstatement of your drivers license. This is for a revocation/suspension based on a refusal or test score over the legal limit of only .08 (not .15 as with the first revocation).
Additionally, the law requires that on the temporary drivers license issued by the Department of Public Safety --- that on the drivers license issued while an interlock is required --- that the license state on it Interlock Required or that it have an "R" on the "modified driver's license."