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.

Summary of the Costs, Fees, and Options Re: Drivers License on DUI or APC or Drunk Driving Case in Oklahoma

Summary of the Costs, Fees, and Options In Regard to Driver's License
on a DUI or APC or Drunk Driving Case in Oklahoma

By Glen R. Graham, Tulsa DUI Attorney, Broken Arrow DUI Attorney, Glenpool DUI Attorney, Owasso DUI Attorney, Bixby DUI Attorney Phone: 1-918-260-8184 http://www.glenrgraham.com/

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.

1. Option One: Do nothing = lose license for 6 months or more.

2. Option Two: Within 15 days of the date of your arrest, (*strict time limits) your attorney can request a modified license (aka work permit) in place of an administrative hearing. In response to this request, if you qualify (*most do qualify) then the Department of Public Safety issues you a modified driver's license good for the entire term of suspension of your license (6 months or more) and plus the Department of Public Safety charges a fee of $175 dollars and requires an interlock device in your car which costs about $75 dollars per month as a condition of issuing this driver's license for the entire term of possible suspension of your license.

3. Option Three: Within 15 days of the date of your arrest, your attorney can request an administrative hearing with the Department of Public Safety on your drivers license and obtain a FREE modified license (aka work permit) WITHOUT ANY INTERLOCK DEVICE good till the date of the administrative hearing on your drivers license. The time limits are very strict and this must be done within 15 days of the date of your arrest or you are out of time and the Department of Public Safety will deny the request.

If you win the administrative Dept of Public Safety hearing, then you get your drivers license back and do not have to pay anything.

If you lose the administrative Dept. of Public Safety hearing, then the ONLY way to get a temporary drivers license is to appeal the ruling of the hearing officer to the District Court in Tulsa County. To Appeal to District Court, you will be required to pay court costs and a cash appeal bond and additional attorney fees.

If you chose to have an administrative hearing instead of accepting the modified license in place of an administrative hearing, then the only way to keep a temporary drivers license is to appeal to District Court in Tulsa.

To appeal, the court costs are about $150 dollars and the cash drivers license appeal bond is $250 (cash not 10%) and the attorney fee varies but is a minimum of $500 dollars for the appeal plus the attorney fee to put on the administrative hearing is about $500 dollars.

It is good to put on the administrative hearing to fight the case and to see what weaknesses there are in the case. However, you will have to pay more to fight the case and to see what weaknesses there are in the case. If you win the administrative hearing, then you do not have to pay additional monies and you get your license back.
If you cannot afford to fight the case and you do not want to pay for the costs of an appeal and you do not want to pay additional attorney fees then you can either do nothing and lose your license for 6 months or more or you can agree to a modified drivers license in place of an administrative hearing.