Oklahoma Criminal Defense: DUI Attorney Tulsa

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 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:

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=442734

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."