If you’re facing a DUI charge in Oklahoma City, it’s important to understand how the license suspension process works, how long it might last, and what options you have to challenge it. Here’s a guide from a DUI lawyer in OKC with everything you need to know about license suspension after a DUI.
License Suspension After a DUI in OKC: An Oklahoma City DUI Lawyer Shares What You Need to Know
Administrative vs. Court-Ordered License Suspensions
Administrative Suspension
Administrative suspension is initiated by the Oklahoma Department of Public Safety (DPS) and occurs almost immediately after your DUI arrest. If your blood alcohol concentration (BAC) is 0.08% or higher, or if you refuse to take a breathalyzer or blood test, DPS will suspend your license regardless of whether you’re eventually convicted of DUI in court.
Court-Ordered Suspension
A judge may impose a separate suspension if you are convicted of DUI. The length of a court-ordered suspension depends on factors like whether this is your first offense or if you have prior DUI convictions. You can challenge an administrative suspension while simultaneously dealing with court proceedings.
The Implied Consent Law in Oklahoma
Oklahoma operates under an “implied consent” law, which means that by obtaining a driver’s license, you have agreed to submit to chemical testing (breath, blood, or urine) if you are arrested on suspicion of DUI. Refusing to take these tests results in automatic penalties, including a longer license suspension.
If you refuse the test, your license will likely be suspended for at least six months for a first-time refusal. Subsequent refusals carry harsher penalties, with suspensions that could last as long as three years. Be aware that a refusal can be used as evidence against you in court, which can complicate your defense.
How Long Will Your License Be Suspended?
First DUI Offense
If this is your first DUI offense, your license could be suspended for 180 days (approximately six months). However, if you refused the chemical test, your suspension may last for one year. A first offense may also carry consequences beyond the license suspension, though, like fines, mandatory alcohol education courses, community service, and a DUI conviction that stays on your record.
Second DUI Offense
A second offense within ten years will likely result in a one-year suspension. Repeat offenders are viewed as a greater risk to public safety, which is why the penalties escalate so quickly. In addition to the license suspension, you could face steeper fines, longer jail sentences, a mandatory ignition interlock device installation, and mandatory alcohol or substance abuse treatment programs.
Third or Subsequent Offenses
If you are convicted of three or more DUI offenses, your license could be suspended for up to three years. At this stage, the court will see you as a habitual offender, which means the penalties can be even more severe. Along with the lengthy license suspension, you may face extended jail time, substantial fines, and long-term use of an ignition interlock device.
Can You Drive During the Suspension Period?
Oklahoma law provides an option for certain DUI offenders to obtain a modified driver’s license, allowing them to drive under specific conditions. A modified driver’s license permits driving only for essential activities, such as work, school, or medical appointments.
There are specific criteria required for a modified driver’s license, including installing an ignition interlock device in your vehicle. This device requires you to blow into it to check your BAC before you can start your car, ensuring that you aren’t driving under the influence.
Challenging Your License Suspension
You do have the right to challenge the administrative suspension of your license after a DUI arrest. After being arrested, you have 15 days to request a hearing with the Oklahoma Department of Public Safety (DPS) to contest the suspension. If you fail to request this hearing within the 15-day window, your suspension will automatically take effect.
During this hearing, you can present evidence and argue why your license should not be suspended. Remember, however, that this hearing focuses only on the suspension of your license, not on the criminal charges related to your DUI. If your challenge is unsuccessful, you may be able to appeal the decision in court.
Steps to Reinstate Your License After Suspension
Complete Any Court-ordered Programs
Depending on the severity of your offense, you may be required to complete an alcohol or drug treatment program, a defensive driving course, or other educational classes before you can reinstate your license.
Pay All Required Fees
License reinstatement requires you to pay reinstatement fees to the Department of Public Safety. These fees can vary depending on the details of your case, but they generally range from $300 to $600. If you are required to install an ignition interlock device, there will be additional costs.
Submit Proof of Insurance
You’ll also need to provide proof of SR-22 insurance, which is a form of high-risk insurance that verifies your coverage meets the state’s minimum requirements. This insurance is usually more expensive and is required for a set period after your DUI.
Install an Ignition Interlock Device
In some cases, especially for repeat DUI offenders, you’ll need to install an ignition interlock device in your car. This device must remain in place for a specific amount of time, and you’ll be responsible for the installation and maintenance costs.
Ignition Interlock Devices: What You Need to Know
An ignition interlock device (IID) is essentially a breathalyzer attached to your car’s ignition system. It prevents your vehicle from starting if it detects alcohol on your breath. Oklahoma law requires that the device be installed by an approved provider, but you are responsible for all costs associated with installation, maintenance, and monitoring. You will also need to regularly report to a service provider to have the device calibrated and reviewed for tampering or failed tests. How long you must use the IID will depend on the specifics of your case and whether you have previous DUI convictions.
Consequences of Driving on a Suspended License
In Oklahoma, the penalties for driving with a suspended license are quite serious: they can include significant fines, an extended suspension period, and even jail time. If you are caught driving while your license is suspended after a DUI, you could be charged with a misdemeanor, which can carry additional penalties such as community service, more fines, and probation. In some cases, multiple offenses can result in felony charges.
It’s wisest to take the suspension seriously and explore legal ways to reinstate your driving privileges rather than risking more legal trouble by driving illegally.
The Role of an Attorney in Handling License Suspensions
An experienced DUI attorney can help guide you through the typical steps of the DUI conviction process and can fight for your ability to keep your license at the administrative hearing. They can also help you explore options such as a modified driver’s license, ignition interlock devices, and other alternatives that allow you to maintain some degree of mobility during the suspension period.
If you’re facing license suspension due to a DUI, contact Cannon and Associates Law, PLLC, in Oklahoma City to discuss your case and explore your legal options. Our team has the experience and knowledge to help you through this difficult time.