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New Oklahoma DUI Drivers License Laws by Tulsa DUI Attorney


Summary of the New Oklahoma DUI Drivers License Laws (effective 11-1-2011)
by Tulsa Criminal Defense Attorney, Glen R. Graham, http://www.glenrgraham.com

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."

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