Oklahoma Driver’s License After DUI
Most Frequently Asked Driver’s License Questions Following Oklahoma DUI
1) How much time do I have to request an administrative license suspension hearing with the Department of Public Safety (DPS) following a DUI arrest in Oklahoma?
You have 15 days from the date of notice to request an administrative license suspension hearing with DPS.
2) When will DPS schedule my administrative hearing?
As of June 2016, DPS is taking an average of 12-14 months to schedule hearings.
3) Can I still drive while waiting for my DPS hearing?
Yes—as long as your license is not invalid for any other reason and you requested your hearing within the allotted 15 days, you are legal to drive until you hear further word from DPS or the court.
4) Can I lose my driving privileges as a result of my criminal DUI case?
Yes, a conviction of DUI will result in the loss of your driver’s license.
5) Can I lose my driving privileges in the administrative hearing with DPS even if I win my criminal DUI case?
Yes. DPS essentially gets two shots at taking your license. Even if you win your criminal DUI case, DPS can still revoke your driving privileges through the administrative license hearing. Conversely, you can have a successful DPS administrative hearing but lose your license due to a DUI conviction by the court.
6) Can Oklahoma revoke my driver’s license if it is from another state?
Yes and no. Oklahoma DPS can revoke your driving privileges within our state; however, your license will still be valid outside Oklahoma until your home state takes further action. Oklahoma DPS may report the revocation to your home state.
7) Can I get a work permit if my driver’s license is revoked?
Although there is no “work permit” available in our state, you may be eligible for a license modification that would allow you to drive to specified locations as long as you have an ignition interlock deviceinstalled in your vehicle.
8) If my license is revoked, how long will the revocation period last?
The answer depends on a few factors, including any prior drunk driving offenses you have, whether or not you refused the breath test and how high your BAC was alleged to be. Typically, a first-time revocation is for a period of 180 days. If the chemical test showed a BAC of .15% or higher OR if you refused to take the test, there will be an additional 18-month period of restriction following the revocation, during which you must have an ignition interlock device installed in your vehicle.
9) What happens at the DPS administrative hearing?
The DPS hearing officer will question the police officer listed on the officer’s affidavit as well as any witnesses listed, and your attorney will have an opportunity to cross-examine them. Your attorney will present evidence in your defense and argue to have the revocation thrown out. DPS will mail the result to you in the form of a written order approximately 4-6 weeks following the hearing.
10) Do I have to appear at the administrative hearing?
No. In fact, it is generally better that you do not attend the administrative hearing, as the DPS officer can put you under oath and force you to testify.
11) What happens if I lose the administrative hearing?
If you fail to request the hearing within 15 days of your arrest, you will automatically lose your driving privileges. If the DPS officer determines that your license should be revoked, your attorney can appeal to the District Court to challenge the revocation and/or request a modification. If you lose the appeal at the District Court, you have the right to appeal to the Oklahoma Supreme Court.
12) I filed an appeal with the District Court but the case keeps getting continued. Why?
Sometimes a new issue arises during one driver’s license appeal case that could impact several other cases. Generally, the courts will wait to see the outcome of that case before moving forward with other appeals.
13) I have a commercial driver’s license (CDL); am I going to lose it, and if so, for how long?
You will lose a CDL upon conviction in the criminal DUI case or loss of the DPS administrative hearing. In Oklahoma, even a deferred sentence or the payment of any fine or court cost will be considered a conviction as far as your CDL is concerned in a DUI or APC case. A first-time CDL disqualification is for one year; a second disqualification is for life.