Oklahoma Drivers License Implications and Your DPS Hearing
To be clear; the Department of Public Safety allows you to drive and they don’t allow anyone and everyone to drive, as it is a privilege not a right. A privilege that can be easily lost after a DUI/APC arrest. Why? Well, they are the Department of Public Safety. They don’t see your DUI case as innocent until proven guilty because, they are held to a different lower standard as they are an administrative agency not a criminal court. Since their responsibility is public safety, they are not required to even give you a hearing to challenge your driver’s license suspension unless you make a timely request of one and even then they only require a police officer to meet a low burden when it comes to your DUI.
DPS License Sanctions
If your breath test is over .08 or you refuse to submit to the State’s test, your license may be suspended for 180 days for your first offense, 1 year for your second offense, and 3-years for your third offense. DPS does allow for driving modifications in some scenarios, which allow a person to drive during their suspension with a breathalyzer machine in their car.
In addition to the suspended period of time, those who refuse the State’s test or blow over 0.15 are subject to a driving restriction upon license reinstatement. This restriction requires a breathalyzer machine to be installed in any car driven. For a first offense the restriction lasts 18 months following reinstatement, 4 years for your second offense, and 5 years for your third offense.
Reinstating your privilege
If you are interested in preserving your right to drive, appealing your license suspension or seeking a driving modification, then you need to contact us today as there are deadlines you must meet.
You have 15 days, not business days, from the date of your alcohol related arrest to request a hearing with the Department of Public Safety otherwise your license will automatically go into suspension after 30 days.
Don't go it alone
A DUI charge is not something you want to handle alone. Any counsel you receive from the arresting officer or any other public official will not be in your best interest no matter how paternal they may sound. You need a DUI Defender. Give us a call today.
DUI DEFENDER - (405) 310-2515
DUI Attorney in Oklahoma City
101 Park Ave. Suite #205 Oklahoma City, OK 73102 - (405) 310-2515
820 West Robinson St. Norman, OK 73069 - (405) 310-2512
Serving Oklahoma City and the Surrounding Areas.
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