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.