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
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. 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.
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 (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.
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