HOW TO OBTAIN YOUR DRIVER’S LICENSE OR WORK PERMIT FOLLOWING A DUI, DRUNK DRIVING, OR APC ARREST

HOW TO OBTAIN YOUR DRIVER’S LICENSE OR WORK PERMIT FOLLOWING A DUI, DRUNK DRIVING, OR APC ARREST

By Glen R. Graham – Criminal Defense Attorney, DUI Lawyer – Tulsa, Broken Arrow, Bixby, Glenpool, Owasso, Sand Springs, Sapulpa, Oklahoma  http://www.glenrgraham.com

The Graham Law Firm – 1612 S. Cincinnati Ave., Tulsa, OK 74119

Phone: 918-583-4621

           NEW NEW NEW  ---> New laws were passed -  you SHOULD request an administative hearing on your driver's license within 15 days of the date of your arrest = new post about the new laws  another Blog RECENTLY POSTED  - new updated material is located at the following:  
http://www.tulsacriminaldefense.blogspot.com/2013/02/a-better-way-to-obtain-drivers-license_21.html        

            NOTICE:  The new department of public safety policy is to treat all requests in the alternative for an administrative hearing or a modified driver’s license (work permit)  as a request for an administrative hearing.   Therefore, within fifteen (15) days from the date of your arrest for a dui or drunk driving or driving under the influence of alcohol or actual physical control of a motor vehicle while under the influence charge - - -   you must make a decision to either:

            WITHIN 15 DAYS FROM THE DATE OF YOUR ARREST: (Either)

            1.  Request a Modified Driver’s License (also called a work permit) and Waive your right to an administrative hearing on your driver’s license.

            - OR –

            2.  Request an Administrative Hearing on your driver’s license and the DPS will then mail you a temporary driver’s license good till the date of the administrative hearing.

            -OR-

            3.  If the 15 days since your arrest has already elapsed, then you have automatically WAIVED your right to an administrative hearing on your driver’s license but you can still get a temporary driver’s license by following correct DPS procedures  for a temporary modified driver’s license (also called a work permit) which an attorney can explain to you (but which may require installation of an ignition interlock device in your vehicle at a costs of $76 per month)

            I  can  assist you in requesting in the modified driver’s license permit to drive  or  the administrative hearing on your driver's license.  We can send a letter to the Oklahoma Department 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.

            In response to your letter, the Department of Public Safety will mail you a letter in about  5 to 6  weeks:

            Under Option One (1) which is waiving the administrative hearing:  

In response to your letter, the Dept. of Public Safety will mail you a letter in about 5-6 weeks.  It will say that you have thirty (30) days from the date of their letter to do the following:

1.     Go to the local office for the Department of Public Safety Office which is located at 14002 E. 21^st  Street (Old Eastland Mall Complex - Lower Level) in Tulsa, Oklahoma  - Located at approximately  21^st Street and 145^th E. Ave.  (Open Monday to Friday from 8 am to 4 pm)

2.     Pay them a fee of $175 dollars in form of a money order or cashier’s check  for a temporary drivers license fee.

3.     Have installed in your vehicle an interlock ignition device that you blow into to start your car and blow into about every  15 to 30 minutes.  It costs about $75 dollars per month plus either an installation fee of $75 or a removal fee of about $75.   The DPS  will  require an original installation certificate for proof of the interlock.

4.     Provide proof of current insurance.

5.     Completion of the APPLICATION FORM  FOR A MODIFIED DRIVERS LICENSE.

6.     IF  BUT ONLY IF YOU ARE DRIVING AN EMPLOYERS VEHICLE then they want an affidavit from the employer.

7.     You will be required to surrender all proof of driving privileges – such as any letters to drive on or any new drivers licenses that you may have obtained. And the DPS issues you a new photo id drivers license with interlock required notation on it.

Normally on your first (1^st)  DUI or APC offense or arrest, the period of time is usually six (6) months, unless your breath result was .15 or  higher or you refused to take the test. 

 1^st One Below .15 = Interlock for 6 months temp license.  (Above .08 below .15) 

 1^st One:  But, if your result was  .15 or more  or  if you refused the test then interlock for 24 months.  (6 months temporary plus 18 months regular license)

 On All - DUI 2^nd = requires interlock for 1 year during the modification period and for 4 years after that  (total of 5 years) (*APPLIES to ALL DUI 2^nd Arrests)

On All – DUI 3^rd = requires interlock for 3 years modified license plus for an additional 5 years after that for a total of 8 years.

            In response to the letter to them they send you a letter in about 5-6 weeks.

You only have thirty (30) days from the date of their letter offering you a modified drivers license to complete the requirements and go to the DPS office at 21^st & 145^th E. Ave.   

            Under Option Two (2) which is Requesting an Administrative Hearing:   You can choose to have an administrative hearing  by sending a letter to them telling them that  you want the hearing WITHIN 15 DAYS OF THE DATE OF YOUR ARREST.

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 30 days from the date of their letter.   You will need and should hire an attorney to appear at the administrative hearing.   My fee is negotiable.

If you win the DPS hearing then you do NOT have to have an interlock device installed in your vehicle.   It is very difficult to win a DPS license administrative hearing because it is a civil administrative proceeding and not a court hearing.  Hearsay is admissible and the hearing judge is a DPS official and not a district court judge.  It would be similar to having the Chief Law Enforcement Officer or chief of police listen to the evidence to decide if correct procedures were followed and if you should lose your license.  An administrative hearing is not held in a court room and court rules do not apply.  It is governed by administrative hearing rules, not court rules.

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 which requires payment of additional monies.

          Pay Attorney fees of for admin hearing                     $Negotiable

            Pay Appeal Court Costs of About                            $148.00

            Pay Appeal Cash Bond Fee of                                 $250.00

            Pay Attorney fees for Appeal/Petition/Order             $Negotiable

                                                                        TOTAL:    $398 plus Negotiable Attorney Fees

            IF YOU CHOSE TO WAIVE THE DPS HEARING THEN YOU SAVE THIS MONEY AND NOT HAVE TO PAY THIS ADDITIONAL MONEY.   HOWEVER,  THEN THE DPS requires you to pay them the $175 fee and to have a interlock installed in your vehicle for $76 per month.   However,  if you won the DPS hearing then you could avoid having the interlock device installed in your vehicle unless you got convicted of the offense.

You do not have to appeal – You could choose to agree to a modified license with an interlock device in PLACE of the administrative hearing.   Or,  you can lose your license instead by not doing anything, 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 usually cheaper not to have a 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 driver’s license but if you agree to a modified driver’s 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 driver’s license if you got a DUI or APC conviction in criminal court on the matter.  However, if you got a deferred sentence which is not a conviction or if you got the matter reduced to a lesser offense, then you did not get a “conviction” in court for the offense, and you do not lose your license by virtue of a conviction.

Tips on Going to Criminal Court in Tulsa, Bixby, Broken Arrow, Glenpool, Others

Tips on Going to Criminal Court in Tulsa, Bixby, Broken Arrow,

Glenpool, and Others.

By Glen R. Graham, Criminal Defense Attorney, Tulsa, Oklahoma

Phone: 918-583-4621   http://www.glenrgraham.com

Here are the things you can do to help yourself in any criminal court case or traffic case or drunk driving, dui, dwi, reckless driving, possession of marijuana, or drug charges in any court:

You are going to need a criminal defense attorney so go ahead and contact a good criminal defense attorney in Tulsa, Oklahoma.  My information is listed above.  A good criminal defense attorney can provide you with solid legal advice and obtain copies of the police report in your case and investigate your case for any flaws or mistakes  and file appropriate motions to suppress evidence and request for discovery.  Also, an attorney can help you obtain a temporary drivers license.  Some judges may require you to submit to a urine test for drugs at the court house if you are on probation and have an application to revoke or accelerate your probation to see if you violated probation.   This might be a good reason not to post bond on an application to revoke or accelerate probation because the judge will not do a drug test on you if you are in custody.  Some judges may require you to pass a urine test for drugs before they will consider allowing you to have probation and some judges will require you to have a drug and alcohol assessment before granting probation.

Bring the proper documentation

During your court trial, you or your attorney will have the opportunity to explain the facts of your case to the judge.   If you have proof of insurance or any relevant documentation, then you should provide it to your attorney.  You may want to obtain a drug and alcohol assessment.  In some cases, you may have medical or mental reports which might lessen the severity of the punishment and you should provide your attorney with copies of these reports.

Do not be late to court and do not miss a court date

Be on time to court. Leave early. There is limited parking space around the court house. Also, there is a lot of road construction going on right now which can cause you to be delayed. If you are reading this blog, then you should be able to use either mapquest or the google maps function to pull up the directions to the court house in Tulsa, Oklahoma, or other court houses. The address to the Tulsa County Court House is 500 S. Denver Ave., Tulsa, Oklahoma. Next door is the court for the municipal court of the city of Tulsa. The address of the Municipal Court - City of Tulsa is 600 Civic Center, Tulsa, Oklahoma. Do not miss a court date.  In a criminal case, not appearing for court may result in the court issuing a bench warrant for your arrest and may result in the suspension of your drivers license. You may also be held in contempt of court and/or prosecuted for jumping bond.

Go to the correct courtroom

Make sure you know which court you must appear in.  You can ask the information desk or the guard at the metal detector for directions.  You should find out the location and directions to the court house ahead of time so that you will not be late to court.

Dress appropriately

You should try to dress like you are innocent or at least show proper respect to the court.  You may not be allowed to enter certain court rooms if you are in SHORTS or TANK TOPS or SWIMSUITS or inappropriate attire.  Non-prescription dark glasses and hats must be removed once you enter the courtrooms.

Proper conduct is important

Please turn off your cellular phones and other electronic devices while inside the court room.  Your cell phone may be confiscated if it goes off inside the court room.  Smoking is not allowed in any public area of the court buildings. When court is in session, you should refrain from reading, talking, chewing gum, listening to personal radios, making distracting noises or any other inappropriate conduct.   The walls have ears and your voice may echo in the hallways which have no carpeting and your conversations may be over-heard by other people who you may not want to hear your conversation.

Several of the court buildings have metal detectors at their entrances

The purpose of the metal detectors is to provide protection for the public and court personnel. Any object which could be classified as illegal contraband such as illegal drugs or paraphernalia or  weapons, including pocketknives, cannot be brought into the building and will be confiscated by the Sheriff's Office until you leave the building.  Illegal weapons and/or drugs will be confiscated.

Phone calls may be recorded and you should always lock your cell phone

It is common practice now for all of the jails to record all conversations between the inmate and anyone else and this evidence may be used in court.  Your cell phone contains your personal information and you should have it locked with a secret password and never divulge this password to any law enforcement officer.  It is very common now to have the victim to call the suspect and to secretly record the conversation with the suspect.  Never admit to anything over the telephone with anyone.  Assume the telephone call is being secretly recorded.

How to Win Your Criminal Case?

How to Win Your Criminal Case

By Glen R., Graham, Attorney at Law, Tulsa, Oklahoma http://www.glenrgraham.com

Criminal Defense Attorney Tulsa, OK  Phone:  918-583-4621

      Each criminal case is different but you normally start by hiring an attorney.  How you choose the right attorney says alot about you.  To properly research the attorney you are going to hire, you will want to know certain information.  People assume that the lawyer with a nice advertisement is experienced and has been practicing law for many years  able to go to jury trial on their case if they need the lawyer to go to trial.  This is not true.  Some lawyers will openly tell you that they do not go to trial on cases and some lawyers will withdraw in your case if you request a jury trial.  You need to ask the lawyer before you hire them if they are willing and able to try your case, if you need a jury trial.  Some lawyers have certain disabilities that may prevent them from doing a jury trial.  You should meet the lawyer in person in their office before you hire them so that you can determine for yourself if that is the right lawyer for your case.  Some lawyers want to meet you on the spare of the moment at the court house and then you may feel pressure to hire them because you did not take the time to shop around for the best lawyer for your case. When hiring a lawyer you are hiring someone to represent you in court and this is a very personal and extremely important matter and your freedom may depend upon the quality of the attorney that you employ.

      There are many new lawyers who have only been practicing law a few months or a year or so and some have never gone to jury trial on a case.  Some lawyers will not tell you this information unless you specifically ask:  When were you admitted to practice law?  How many jury trials have you done?  If you are good at using a search engine like http://www.google.com or http://www.yahoo.com then you could research the criminal defense attorney to see what the date of admission to practice law and information concerning jury trials or other information about the lawyer.   Some former prosecutors seem to secretly want to go back to being prosecutors and do not join any of the criminal defense organizations dedicated to defending people such as the Tulsa Criminal Defense Lawyers Association, the Oklahoma Criminal Defense Lawyers Association, or the National Association of Criminal Defense Lawyers.  Some lawyers are not members of the better business bureau and do not respond to criticism or do not properly respond to client needs.  Some lawyers will not help you obtain a drivers license when you have a dui case and do not advise you regarding license matters on dui cases.  I will do my best to advise and assist you in regard to your license matter on dui cases.

I have practiced law for over 25 years, I am a member of criminal defense organizations, and I have never been a prosecutor, and I am a member of the better business bureau, although I would prefer clients communicate directly with me at (918) 583-4621 or email: tulsacriminaldefenseattorney@yahoo.com  or otherwise and my website is http://www.glenrgraham.com

Funny Lawyer Ads

Funny Lawyer Ads

by Glen R. Graham, Attorney at Law, Tulsa, OK  (918) 583-4621

     As an attorney with over 25 years experience practicing law, I have seen some funny advertisements for lawyers or by lawyers.  I have laughed at the humor and sometimes shook my head in disbelief!  Lawyers are like cats and very independent and sometimes playful, funny, and/or serious.  Their ads are amusing and funny and full of marketing pitches.

     Some advertisements by lawyers say the lawyer is "honest and aggressive."  Don't most people assume that the lawyer is "honest?" Have the reputations of lawyers sunk so low that now lawyers have to advertise that they are "honest?"  Is it really a selling point or good marketing strategy to claim to be more "honest" than other lawyers?  Indirectly, is the lawyer thereby indicating that other lawyers are not honest?  Does such advertising indirectly perpetuate negative stereo-types and diminish the image of the profession?

     Aggressiveness in a lawyer is not necessarily a good quality either.  I think intelligence and firmness  or strength of spirit might be more important qualities than "aggressiveness."  Yet, some lawyers advertise that they are "aggressive" as if to imply that other lawyers are wishy-washy unprincipled fools who do not have the strength of their convictions to stand up for what they believe.  Lawyers advertising "aggressiveness" often do not define by what they mean by aggression.  Does aggressiveness imply that they are disrespectful to Judges and other attorneys and to their own clients?  It makes you wonder, doesn't it?

     What qualities should people seek in a good lawyer?  Intelligence, friendliness, ability to communicate effectively, experience, knowledge of the law, compassion, technical and professional competence, reputation, trial experience, negotiation skills, eye contact, personal and professional qualities that produce good results, other factors?  Shouldn't a person have a right to expect that their lawyer is "honest" without the lawyer advertising that he or she is "honest?"  

     What does the advertisement by the lawyer indirectly say about that lawyer's own attitudes?

Buyer Beware - Lawyer Advertising and Letters by Criminal Defense Attorneys in Tulsa, Oklahoma

BUYER BEWARE - LAWYER ADVERTISING AND LETTERS BY CRIMINAL DEFENSE ATTORNEYS IN TULSA, OKLAHOMA

by Glen R. Graham - Criminal Defense Attorney, Tulsa, OK

http://www.glenrgraham.com

Phone (918) 583-4621  or (918) 260-8184          

        It is now common practice for some lawyers to mail advertisements to people who have been arrested.  Some of the letters proclaim how much the lawyer CARES!!! Does the lawyer imply that other lawyers don’t care and that they are the only ones who care?  That is not true.  Why does anyone need to say they care if they really care?   Some letters are from lawyers that are relatively new to the practice of criminal law, but they have decided to switch from a civil practice to a criminal practice even though they have never tried a criminal case.  Some of the letters are from lawyers who will not state that they have only been practicing law a few months or a year or two. 

        If the letter fails to state length of practice – BUYER BEWARE!!!  Some letters are from lawyers who are not in the phone book and not on the Internet – BUYER BEWARE!!! Too many letters are from lawyers who do not have a real personal office and use conference rooms to meet people or try to meet you in the hallway at the court house or at a restaurant.  Super cheap lawyers making outrageous extreme promises  cannot  deliver.  A long time ago, some lawyers told stories about people sharing a phone booth for a telephone and now the modern equivalent would be five to twenty lawyers sharing a small office space and conference room or not even having an office and just meeting people in court.  There is a movie called the "Lincoln Lawyer" about a lawyer who meets his clients in his lincoln automobile and has a chaufer.  An office may not be a necessity but it is more professional and most people expect a good lawyer to have an office.

        In response to mail out letters, some lawyers have chosen to respond with their own mail-out advertisement advising the potential client of the questionable practice of hiring someone based on an advertisement without doing any kind of research on that person.  Hiring an attorney with no phone in the phone book who has never tried a case or has only tried one case could be a costly mistake!  You should always do some kind of research before hiring anyone!  Buyer beware!!!
        I have practiced law for over 25 years and I have handled  numerous Misdemeanor – Felony cases.  If you are charged with a criminal offense, you should hire an experienced lawyer as soon as possible to protect your rights.    I  offer  some  Payment  Plans   or  Visa / Master Charge.   I am an honest attorney and a member of the Tulsa Better Business Bureau (BBB)  and  I will work hard to keep you out of jail and to win your case or get the best deal available.  I have the experience to aggressively fight your case all the way through trial or to obtain the best plea bargain.

          Some  people  spend  more time shopping for groceries than they do     picking an attorney! Meeting a total stranger at the court house and   handing them money to represent you is not the best way to hire an       attorney.  A real lawyer should want to meet you in their  real private office. 

IF  IT  SOUNDS   TOO   GOOD  TO  BE  TRUE  -  BUYER   BEWARE!!!

Super cheap lawyers that  make  outrageous extreme promises  cannot deliver on their false promises and extreme lies.

Some lawyers may not be able to try your case because of many issues and you need to carefully consider which lawyer you hire.  You want a lawyer to finish your case and not withdraw using some made up excuse or who has problems.

          Some lawyers have serious personal  problems and if you met them in person before the court date, you might not hire them, so they try to meet you in court so you are stuck with them!  You should  meet a REAL lawyer before the court date in their REAL OFFICE if they have one?  Blind dates seldom work out.

          Who has the right mind set to represent defendants  -  Defense Attorneys  or  Prosecutors?  A former prosecutor who has decided to do a 180 degree change in philosophy and to go from incarcerating people and putting people in jail to now attempting to defend people is making a giant leap in mental attitude.  You need a Defense Attorney to defend you and not a prosecutor!  Does the so called defense attorney belong to any of the major organizations committed to defending people such as the National Association of Criminal Defense Lawyers (NACDL),  Oklahoma Criminal Defense Lawyers Association (OCDLA),  and the Tulsa Criminal Defense Lawyers Association (TCDLA).   Some criminal attorneys or former prosecutors do not join criminal defense organizations or will not participate.  

          Is the lawyer a member of the Better Business Bureau? (BBB)    I  am.

          Some bondsman may refer people to specific attorneys for super quick guilty pleas  so they can write another bond and you should be careful about any referrals.

          My fee on any case is negotiable and it is based upon the amount of time and work and other factors.   You need  direct  honest  answers, give me a call so we can schedule an appointment for you to come to my office at  (918)  583-4621  or  (918) 260-8184

If you find anything in this communication to be inaccurate or misleading, you may report the same by writing to the General Counsel of the Oklahoma Bar Assoc., PO Box 53036, Oklahoma City, OK 73152 or by calling 1-800-522-8065.

New Oklahoma DUI and APC and Drunk Driving Implied Consent Law

NEW OKLAHOMA DUI and APC and Drunk Driving - IMPLIED CONSENT LAW
By Glen R. Graham - Criminal Defense Attorney - Tulsa, Oklahoma
Phone: 918-260-8184 - http://www.glenrgraham.com

Choice: YOU ONLY HAVE - 15 days from date of arrest to request alternative either a hearing on your license or a modified driver’s license. It takes about 20 to 45 days for DPS to send a letter either agreeing to a modified license or setting it for a hearing. They will usually send a temporary license – piece of paper to drive on till the date of the hearing or for a short time for you to complete the paper-work for a modified license if you want it in place of a hearing.

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.

Choice: About 30-45 days after your request then DPS sends a letter and you can pay for a modified license for the whole period of revocation and not lose a license to drive by paying DPS a modified (work permit) license fee of $175 for a modified license and get an interlock installed – about $75 per month and not lose your license. OR IN THE ALTERNATIVE by paying additional attorney fees you can have a hearing on your license challenging the procedures – if you lose the hearing then the only way to get a license is by appealing which will require payment of additional court costs and appeal fees but if you win then you get your license back.

DRIVING PRIVILEGE REVOCATION: Effective November 1, 2011 or thereafter: Ignition Interlock Requirements

DUI or APC or Revocation:
1st Revocation – Any refusal or failure of the breath test with a BAC of .15 or higher - requires interlock for 6 months modified license (work permit) and then must have interlock for 18 months thereafter on the normal license with interlock. That is 6 months plus 18 months which is a total of 24 months - for a interlock device at $75 dollars per month.

1st Revocation - Any failure of the breath test with .08 to 15 BAC requires an interlock only during the 6 months of the modified license (work permit) and no interlock after that. Modified license only for 6 months BUT license suspended if fail to provide proof of completion of all requirements within 6 months + pay reinstatement fee.

2nd Revocation OR DUI or APC – Any refusal or failure of breath test of .08 BAC or higher requires an interlock for 1 year during (modified license) and then for 4 years an interlock device for a total of 1 years plus 4 years = 5 years with an interlock device.

If you accept the modified license (work permit) then it is 1 year interlock plus 4 years after that.

3rd Revocation is for 3 years or more - Any refusal or failure of the breath test .08 or higher then must have interlock for 3 years (modified license) and then for 5 years after that for a total of 3 years pluse 5 years = 8 years with an interlock device.

Information about Oklahoma Driver's License or Work Permit in regard to a Drunk Driving or DUI Offense

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:

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=442734

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."