Drunk driving or driving under the influence of alcohol or other intoxicating substances is one of the most commonly prosecuted offenses in courts across Oklahoma. Additionally, when a person is prosecuted for a DUI in Oklahoma, they likely will suffer driver’s license consequences as well. In Oklahoma, the chance your drivers’ license will be suspended exists if you have been arrested for DUI or APC. In Oklahoma, a DUI can have serious personal and financial consequences. In fact, your driving privileges can be taken away based on a DUI accusation, that is, prior to a conviction. Understanding what being prosecuted for a DUI allegation in Oklahoma and how it will impact your driving privileges is important to help you identify how you want to address the problem.
Oklahoma DUI: One Arrest, Two Problems
After a DUI arrest in the State of Oklahoma, the Department of Public Safety (DPS) automatically issues a license suspension. The suspension is expected to take effect 30 days after the date of your DUI arrest and a temporary driver’s license will be issued upon your DUI arrest in Oklahoma. This suspension of driving privileges is considered an administrative penalty because it wasn’t ordered by the criminal court system. The state has this authority as driving has been defined as a “privilege”, not a “right” by the United States Supreme Court and lower courts.
It is important to note all administrative penalties associated with your DUI arrest are separate from criminal prosecution. This means upon being arrested for a DUI in Oklahoma, you will have an administrative case against your driving privileges as well as a criminal prosecution based on the allegation that you drove while intoxicated.
Halting Administrative Penalty
DPS offers a 30-day window between the time of your arrest and the activation of the driving privilege suspension. Within this window, you can request an administrative hearing with DPS to defend your driving privileges. Failure to request this hearing within the 30-day period means you have waived your right to contest the administrative action and have submitted to DPS taking action against your driving privileges. Your driver’s license will remain suspended for at least six months following your revocation; however, it may be much longer, if you have a prior driver’s license revocation. In some cases, the suspension may remain in effect for as long as 5 years.
However, if your request an administrative hearing is received by DPS within the grace period, you are allowed to appeal the suspension. This process is accessed by filing a District Court Appeal of your initial revocation. During this process you will be entitled to a hearing before a District Court Judge, in which the legal counsel for DPS will be required to prove to the Court that sufficient evidence exists that you drove while intoxicated and that your rights were not violated in the process. If the appeal is granted, the suspension will be lifted, pending the outcome of the criminal case against you, as a conviction for a DUI will again revoke your driving privileges.
How to Win an Administrative Hearing following a DUI?
Winning at an administrative hearing means you can protect and retain your driving privileges. So, how can you win an administrative hearing following a DUI? The simple path to winning is getting the right DUI defense lawyer and presenting the best case against your DUI stop or arrest. With the right Oklahoma Driver’s License Defense Lawyers, your case will be carefully analyzed and a solid defense can be built around the facts of your traffic stop and subsequent DUI arrest.
Choosing to represent yourself or attempting to brainstorm the best defense can be tedious, especially without a legal background and understanding of the laws surrounding search and seizure as well as sufficiency of evidence for a DUI arrest. Working with an experienced Oklahoma DUI Defense Firm can take this stress off of your shoulders. It is important to note your driving privileges are automatically suspended following a DUI arrest. Appealing and getting the right Oklahoma DUI Defense Lawyer is your best chance to keep your driving privileges.
Important DUI Timelines to Remember
Driver’s License Revocation Period;
- First-time offenders get 6 months revocation
- Second offense in 10 years gets 1-year revocation
- A third offense in 10 years gets 3 years revocation.
Contact – Cannon & Associates: Your Oklahoma DUI Defense Attorneys
Having your driving privileges revoked can affect your life in many different ways. A DUI conviction, on top of this can shut doors to many opportunities. Cannon & Associates can help in both instances. Founder John Cannon has been recognized as a Super Lawyer and our team of Fierce Advocates are ready to hear your story and fight for you! Contact Cannon & Associates by completing the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.