Search Engine Blog Blog Search Engine Yahoo Verification Oklahoma Criminal Defense: January 2013



By Glen R. Graham – Criminal Defense Attorney, DUI Lawyer – Tulsa, Broken Arrow, Bixby, Glenpool, Owasso, Sand Springs, Sapulpa, Oklahoma

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:        

            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:


            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.
            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. 21st  Street (Old Eastland Mall Complex - Lower Level) in Tulsa, Oklahoma  - Located at approximately  21st Street and 145th 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.
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 (1st)  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. 
 1st One Below .15 = Interlock for 6 months temp license.  (Above .08 below .15) 
 1st 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 2nd = requires interlock for 1 year during the modification period and for 4 years after that  (total of 5 years) (*APPLIES to ALL DUI 2nd Arrests)

On All – DUI 3rd = 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 21st & 145th 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.