15 Day Rule
Facing DUI Criminal and Administrative Process in Oklahoma
It is important to know your rights and retain an Oklahoma DUI Defense Attorney if you or a loved one is charged with DUI, DWI, Aggravated DUI, or APC in Oklahoma. DUI charges in Oklahoma consist of not only criminal charges and the potential for stiff penalties, including jail time and fines, but additionally, the potential loss of your Driver’s License. The Oklahoma Department of Public Safety “DPS” has authority over Driver’s License actions in Oklahoma. The criminal process for a DUI in Oklahoma will be conducted in the municipal or state court and the administrative process to attempt to save your Driver’s License is carried out by DPS with different parties and different rules than the criminal process. Cannon Law Firm is proud to represent clients in both processes at the same time to ensure your interests are protected.
15 Days to Request Hearing
Upon being arrested for DUI, a 15 day clock starts for you to request a hearing to attempt to save your driving privileges. The arresting officer issues a Notice of Revocation and you will be issued a temporary driving permit. However, if you or your attorney request an administrative Driver’s License suspension hearing within 15 days of your arrest then your temporary permit will remain valid until a final decision is made by the administrative hearing officer. Unfortunately, if you do not act timely, your temporary license will be suspended thirty days after your arrest for at least six months and possibly longer. The 15 day rule applies to every person and to every case, unless a blood test was taken. When a blood test is taken following an alleged DUI, the 15 day clock runs once notice of testing over the legal limit is received.
What is a DPS Administrative Hearing?
DPS handles the administrative or civil process following every DUI, APC, DWI, or Aggravated DUI in the State of Oklahoma. DPS alone has the authority to reinstate, suspend, or even revoke your license. Our Firm will contact DPS on your behalf and request your Administrative Hearing within 15 days of your arrest, if you retain our Firm in time.
An Administrative Hearing Officer, not an attorney, will conduct the administrative license suspension hearing. The Hearing Officer will take testimony from the officer, consider evidence and information provided by your DUI Defense Attorney, and determine, if the Oklahoma Board of Tests “BOT” rules were followed by law enforcement during your DUI arrest. Additionally, if you refused to submit to testing, the Hearing Officer will determine, if your refusal was valid. The Hearing Officer will reverse the Driver’s License revocation and your license will be returned to you, if the police officer, deputy, or trooper did not follow the mandates of the BOT rules.
Cannon Law Firm cannot save your license, if DPS is not contacted within 15 days of your arrest. It is essential to your case that DPS is contacted within 15 days of your DUI arrest. You should not settle for a modified license or an attorney that is weary of representing you before the Administrative Hearing Officer. You will be required to install an ignition interlock device, if you accept a modified Driver’s License.
Cannon Law Firm will stand with you or your loved one and fight to have your license returned to you. Do not wait to retain experienced DUI defense, if you have been arrested or charged with DUI in Oklahoma.
Contact DUI Defense Attorney
Contact Cannon Law Firm in Oklahoma City for your DUI or Aggravate DUI defense. You have the right to the presumption of innocence and to fight to retain your driving privilege. John Cannon is a Fierce Advocate for every client and will use his experience and respected reputation to do everything possible to reach the best possible outcome in your DUI case. A conviction for DUI or loss of your license may have long lasting effects and penalties. John has been recognized as a Top 40 under 40 in Criminal Defense by the National Trial Lawyers Association.
Contact Cannon Law Firm today if you have been charged with DUI, Aggravated DUI, DWI, or APC charges in Oklahoma. Cannon Law Firm has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of criminal charges in Oklahoma, including DUI, evidenced by John receiving the highest possible AVVO rating – 10 (superb). Call our office at (405) 888-7369 for a free confidential consultation and case evaluation.