47 OS § 754 governs what happens to someone’s driver’s license when they are arrested for DUI. It states that if the person is arrested for a DUI, DWI, or they refuse to submit, then the person shall immediately surrender their driver’s license and the police shall seize any driver license that they find during a search.
In any DUI arrest, there is a criminal side and a civil side. The criminal side is handled by a municipality or county. The Department of Public Safety (DPS) handles the civil side—the driver’s license revocation. It’s also considered the denial of driving privileges in Oklahoma, as not everybody has a driver’s license. Even if you have an out-of-state driver’s license, you can still have your license to drive in Oklahoma revoked.
If the police officer can find it, they will physically take the license. When they submit the arrestee’s paperwork to DPS, they will send the license, as well. You get your license back once you have your driving privileges reinstated in Oklahoma. That could take over a year.
The officer will then give you the implied consent form, whether it’s a refusal or not. That will be your temporary license. It lasts for 30 days. After the 30 days, your license, or your driving privilege, is automatically revoked unless, within 15 days of your arrest, you request a hearing with DPS to contest your license revocation. Therefore, the crucial time period here is 15 days after the arrest. Time is of the essence as soon as you are arrested for a DUI.
A hearing must be requested with DPS to prevent automatic license revocation 30 days after your arrest. My firm does this for our clients. We personally deliver it to DPS. We make two copies. DPS keeps one, and we give the other to the client. To cover all our bases, we also fax the request and send the request by certified and regular mail. This action prevents that automatic license revocation at that 30-day point after the arrest pending a hearing. The purpose of the hearing is to contest the license revocation. You will now have more time to get your affairs in order and to prepare for the possibility of having your license revoked for at least six months.
If this is a first DUI offense, then the revocation time is six months. If this is a first DUI offense and your blood alcohol concentration is greater than or equal to 0.15, which is considered aggravated, or if you refuse, you also have an additional 18 months with an interlock device installed in your car. For any offense beyond the first, it doesn’t matter what the blood alcohol concentration was or whether you refused. Revocation time for a second offense is one year, and the extra interlock time is four years. Revocation time for a third and subsequent offense is three years, and the extra interlock time is five years. A prior revocation (due to DUI) in Oklahoma or a prior DUI conviction by a non-resident in another jurisdiction constitutes a “prior offense.”
You can have an interlock device placed on your car during the revocation time. In a worst-case scenario, you could have an interlock device on your car for up to eight years. The minimum potential interlock time would be six months for that first offense, non-aggravated arrest if you choose to have the interlock during the revocation period.
It’s crucial that you get the DPS hearing request submitted within 15 days of the arrest. As a free service, The Urbanic Law Firm, provides a hearing request form on our website in a fillable PDF. It’s the same form DPS has on their website, except we have modified it to allow you to type in it. Even if you don’t hire us, you can go to the resources page at www.Urbanic.Law and download that PDF form. Turn it into DPS if you don’t have enough money to hire an attorney within those 15 days.
Your filling out that form on my website that does NOT create an attorney-client relationship between you and The Urbanic Law Firm. You’re merely using a DPS form that I have slightly altered to help you file your request. I am not your attorney unless you hire me.
For more information on Driver’s License Consequences In A DUI Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.