Driver’s License Revocation

Driver’s License Reinstatement in Oklahoma After DUI Or APC Charge

Cannon Law Firm is dedicated to Fierce Advocacy for those facing Driving while Under the Influence of Alcohol or Drug (DUI) charges as well as being in Actual Physical Control of a Motor Vehicle while Intoxicated (APC) in Oklahoma.

The process for recovering your Driver’s License or seeking a Modified Driver’s License is a complex process with very particular procedure. It is crucial you contact an experienced federal criminal defense attorney, if you are facing charges or seeking to appeal a conviction. Contact Cannon Law Firm, PLLC now to receive a free consultation on your case.

Process To Reinstate Driver License After DUI or APC Charge

Being arrested for DUI or APC is one of the most terrifying experience in most peoples lives. However, being arrested in only the start of a long a stressful process to not only save your name and career, but your privilege to drive a vehicle in public. After you have been arrested for DUI or APC and you either (1) test over the legal limit or (2) refuse to submit to a blood or breath test, the arresting officer will serve you with an “Affidavit and Notice of Revocation” (Affidavit) and will likely seize your driver’s license on the spot. The Affidavit serves as a temporary driver license and a notice the Department of Public Safety (DPS) will revoke your driver’s license in 30 days. So long as you are a first offender, the temporary license allows you to drive for thirty calendar days from the date the officer served you the affidavit.

When the 30-day period expires, you may not legally drive, unless your driver’s license has been returned by DPS or you have qualified for a modified driver license. However, at the time of your arrest when your license was taken, if your license was not valid or if it was expired, you do not have the option to receive a temporary driver license and will not be allowed to operate a vehicle until you have legally obtained a valid driver’s license.

Following your arrest, the officer will ask you to submit to a blood or breath test to measure the amount of alcohol in your blood or breath. If you agree to take the breath test, the officer will send your test results to DPS to determine whether or not there is cause to revoke your driving privilege, correct not your right to drive, but your privilege. Assuming DPS does conclude you were driving under the influence or in actual physical control of a motor vehicle, your driving privileges will be revoked 30 days from the date you were served with the Affidavit. If you agree to take a blood test, the officer will send your blood sample to a laboratory to be tested. The laboratory will then contact DPS with the test results. If DPS determines your driving privileges should be revoked due to the amount of alcohol in your blood, DPS will send you an “Order of Revocation” in the mail. The Order will tell you the exact date your driving privileges will be revoked.

If the arresting officer seized your driver license, you are not allowed to apply for a renewal or a replacement license while your license is in the custody of DPS or a law enforcement officer. Failure to comply with this rule will result in a misdemeanor crime punishable by imprisonment for a minimum of seven days to a maximum of six months, and/or a fine of up to $500.00. You can however, request a modified driver’s license.

If you do not wish to contest the revocation of your driving privileges and merely wish to drive during your revocation period, you have the option to request a modified driver license. When driving privileges are revoked as a result of a driver license revocation or suspension, the person can obtain relief from a lack of driving privileges during the mandatory revocation period if DPS agrees no other adequate means of transportation exists for the person whose driving privileges have been revoked. Modifications are sometimes permitted for Implied Consent Revocations which include breath and blood refusals following a DUI or APC arrest. A modified driver license will replace your original Class D license and allow you to operate a noncommercial motor vehicle so long as the vehicle has an interlock device in the vehicle. In order to get a modified driver’s license, you must pay DPS $175.00, in addition to the expenses associated with installing and maintaining the interlock devise.

If you wish to request a modified driver’s license, you must complete the “Request for Modified Driver’s License” (Request) form available from DPS—any other type of request will be returned to the sender as noncompliant. The Request can be mailed or hand delivered to DPS. A Modified Driver’s License grants you limited driving privilege during the revocation period. Unlike a request for an administrative hearing, you can request a Modified Driver’s License even if more than 15 days have expired after receiving the Affidavit. For more information on a Request for Modified Driver’s License or to find the requisite form, click here.

You can also request a hearing in front of DPS if you disagree with the merits of the potential revocation. Similar to the procedure for requesting a modified driver’s license, you must complete a “Request for Hearing” (Hearing Request) form available from DPS. A Hearing Request, however, differs from the modified driver’s license procedure in that there is a very small window of time in which you have the right to request an administrative hearing in front of the DPS. If you fail to request a hearing within the time period provided, your driving privilege will be automatically revoked. If you submitted to a breath test, you have 15 days from the date you were arrested and served with the Affidavit to request the hearing. If you submitted to a blood test, you must request a hearing by the date specified on the Order of Revocation sent to you by DPS.

An Administrative Hearing in front of DPS is an opportunity for you to present evidence your driving privileges should not be revoked. These hearings are conducted over the telephone. Keep in mind the hearing’s only function is to determine whether or not your driving privileges will be revoked by DPS. However, the determination made at the hearing is completely distinct from your criminal case and cannot be used to prove innocence or guilt of the criminal act of driving under the influence. Once the hearing is complete, you or your attorney will be sent an order that will either sustain or set aside the revocation of your driving privileges. If the revocation is set aside, no further action is required and your driving privileges will be restored in full. On the other hand, if the revocation is sustained, your driving privileges will be revoked. If your revocation is sustained you can appeal the decision to the District Court in the county you were arrested, so long as you comply with the procedural requirements.

A timely Request for Hearing will stay the Department’s action until completion of the hearing or until you have been granted a Modified Driver’s license. When a Request for Hearing is submitted on time, you will be allowed full driving privileges pending resolution of the administrative hearing or granting of the Modified Driver’s license. It is up to the discretion of DPS to grant a request for a Modified Driver’s license. If the Department grants the request, you will be notified and asked to complete an “Information for Modified Driver’s License” form. Before a Modified Driver’s License can be issued, you must pay a $175 modification fee in the form of a cashier’s check or money order payable to the Department of Public Safety. For more information on a Request for Hearing or to find the requisite form, click here.

OFFENSE LENGTH OF SUSPENSION FEES
DUI

First Revocation– 180 days

Second Revocation within the preceding ten years– 1 year or >

Third or > Revocations within the preceding ten years– 3 years or longer

Pay $315.00 to DPS
     
Aggravated DUI

First Revocation– 180 days

Second Revocation within the preceding ten years– 1 year or >

Third or > Revocations within the preceding ten years– 3 years or longer

Pay $315.00 to DPS
     
Driving While Impaired

The first suspension is 30 days

The second suspension is six months

The third or subsequent suspension is for 12 months

Pay $315.00 to DPS
     
APC

First Revocation– 180 days

Second Revocation within the preceding ten years– 1 year or >

Third or > Revocations within the preceding ten years– 3 years or longer

Pay $315.00 to DPS

IGNITION INTERLOCK DEVICE DURATION STATE APPROVED ALCOHOL/DRUG ASSESSMENT

First Revocation– If the person refused to submit to a test, or had a blood or breath alcohol concentration of 0.15 or more =1/12 years after the mandatory period of revocation or until the driving privileges of the person are reinstate, whichever is longer

Second Revocation– A period of 4 years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer

Third or Subsequent Revocation– A period of 5 years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer

Must complete all reccomendations following the assessment. This may take up to twelve months to complete. Once completed, a completion certificate will be provided to you. You must then provide the certificate to the Driver Compliance Division of DPS
   

First Revocation– If the person refused to submit to a test, or had a blood or breath alcohol concentration of 0.15 or more =1/12 years after the mandatory period of revocation or until the driving privileges of the person are reinstate, whichever is longer

Second Revocation– A period of 4 years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer

Third or Subsequent Revocation– A period of 5 years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer

Must complete all reccomendations following the assessment. This may take up to twelve months to complete. Once completed, a completion certificate will be provided to you. You must then provide the certificate to the Driver Compliance Division of DPS
   
N/A Must complete all reccomendations following the assessment. This may take up to twelve months to complete. Once completed, a completion certificate will be provided to you. You must then provide the certificate to the Driver Compliance Division of DPS
   

First Revocation– If the person refused to submit to a test, or had a blood or breath alcohol concentration of 0.15 or more =1/12 years after the mandatory period of revocation or until the driving privileges of the person are reinstate, whichever is longer

Second Revocation– A period of 4 years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer

Third or Subsequent Revocation– A period of 5 years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer

Must complete all reccomendations following the assessment. This may take up to twelve months to complete. Once completed, a completion certificate will be provided to you. You must then provide the certificate to the Driver Compliance Division of DPS
   

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