The authority for DPS to issue a modified driver’s license (installation of interlock) comes from 47 OS § 754.1. A modified license can be requested through DPS at any point before the hearing occurs—even after the 15-day deadline for requesting a hearing. After the hearing, DPS is no longer able to modify your license for the revocation period. Modification after the hearing requires an appeal to the district court. The right to appeal a DPS hearing to an Oklahoma district court is covered in 47 OS §§ 6-211 & 755. The district court may modify the revocation or denial when it is determined by the court that the person whose license or permit to drive has been revoked or denied has no other adequate means of transportation. Any modification under this provision applies to Class D (non-CDL) motor vehicles only. You must pay a $175 modification fee, $20 for a new license, and the monthly interlock fee.
Getting a modified license is not guaranteed. If an arrest involved any of the following situations, then DPS will likely not grant a modified driver’s license:
- Major injury accident
- Hit and run/leaving scene of accident
- Hitting a pedestrian – collision with injury
- Resisting arrest
- Assault and battery on any law enforcement officer
- Attempting to elude an officer
- Child in the vehicle (endangerment of a minor child)
- Driver was in violation of an existing modification at the time
- Driver had circumvented an existing interlock device
If DPS denies your license modification request, then you can appeal to the district court. The district court could modify your license despite involvement in any of the above situations, however you will need to present a compelling case to the district court.
You can’t have just any interlock installed in your car. Oklahoma has an approved list of interlock vendors and devices, which is located here:
Criteria for offering modifications
For more information on a Requesting A Modified Driver’s License, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.