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 dealt with either in the city or the county. The civil side is dealt with through the Department of Public Safety (DPS). That involves the revocation of the driver’s license. It’s also considered the denial of driving privileges in Oklahoma, as not everybody has a driver’s license. Even if you don’t have an Oklahoma driver’s license, you can still have your license to drive in Oklahoma revoked.
If the officer can find it, they will physically take the license. When they submit the arrestee’s paperwork to DPS, they will then send the license, too. You will get your license back once you have had driving privileges reinstated in Oklahoma. It could be a year, a year-and-a-half later or you could also get it much sooner if, for instance, the police officer didn’t do the paperwork correctly. If there was some error in the submission of your paperwork to DPS, then you will get your driver’s license back with a letter stating that the DPS will not attempt to revoke your license. Sometimes, DPS randomly sends licenses back within months of the arrest. If you get your physical license back from DPS before your hearing, that is not necessarily an indicator of DPS’s position as to the merits of your case.
The timeline for this procedure with DPS and the license revocation is that they will first take your license. The officer will then give you the implied consent form, whether it’s a refusal or a chemical test result listed, and it will say that this is your temporary license. That license lasts for 30 days. After that, 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 or DWI.
Next, a request for a DPS hearing must be filled out and submitted to DPS. If you hire me, I will do this for you. I will either personally deliver it myself or have an assistant deliver it to DPS. I make two copies; DPS keeps one and I give one to my client. To cover all my bases, I also fax the request and send the request by certified and regular mail. This action prevents the automatic license revocation 30 days after the arrest because there is a hearing pending with DPS to contest the license revocation. Therefore, it gives you more time to get yourself in order and to prepare for the possibility of having your license revoked for at least six months.
If you have a first-time offense and your blood alcohol concentration is less than 0.15, then the revocation time is six months. If you have a first offense and your blood alcohol concentration is greater than or equal to 0.15, which is considered aggravated, or if you refuse, then your revocation time is also six months. However, in those circumstances you also have extra time after that six months of another 18 months where you have to have an interlock device installed in your car. On a first offense of less than 0.15 blood alcohol concentration, there is no additional interlock time. Additional interlock time begins if you either refuse or have greater than or equal to 0.15 blood alcohol concentration.
For any offense beyond the first, it doesn’t matter what the blood alcohol concentration is. Your revocation time is one year and the extra interlock time is four years for a second (“and subsequent”) offense. If you have a third offense, then your revocation time is three years and your extra interlock time is five years. You can have an interlock device placed on your car during the revocation time. In a worst case scenario, you can potentially have an interlock device on your car for up to eight years. The minimum time though that you could potentially have the interlock would be six months during the revocation period for that first offense, non-aggravated arrest.
That’s why it’s so crucial that you get the DPS hearing request in within the 15 days from the arrest. As a free service, The Urbanic Law Firm, has provided a form on our website in a fillable PDF format that I download from the DPS website. Even if you don’t hire us, you can go to the resources page on my website and download that PDF form. You can type it out so it looks very nice and there will be no confusion due to poor handwriting. You can turn it into DPS and file your own request for hearing if you don’t have enough money to hire an attorney within those 15 days.
It’s important to understand that if your using that form on my website does NOT create an attorney-client relationship between you and The Urbanic Law Firm. You’re merely just using a DPS form that I have slightly altered to help you file your request for yourself. I am not your attorney unless you actually hire me for your case.
What Consequences Does One Face For Refusing The Evidentiary Breathalyzer Test?
Periods of revocation are defined 47 OS § 6-205.1. It states that if you refuse to submit to a test, then your license will be revoked for the first time for 6 months. Keep in mind that this all applies to Class D motor vehicles. The bottom line is if you refuse, you have that revocation time of at least 6 months and then you have the extra interlock time of 18 months beyond the initial revocation time.
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.