Consuming alcohol and / or drugs and driving in Oklahoma is known as driving while under the influence (DUI). The laws regarding Oklahoma DUI are not lenient. Convictions can range from license suspension to jail time or even a prison sentence.
Here at H.A.L.T., we want to help you navigate the challenges that come after a DUI. Our goal is to see you recover, put the past behind you and live a life you can be proud of. This process begins, of course, with learning how to reinstate your driving privileges. To help you do so, we would like to answer some common questions after receiving a DUI charge.
What is a DUI according to Oklahoma law?
A DUI charge is based on blood alcohol content (BAC), the measurement of alcohol in the bloodstream. Your BAC was assessed by the police officer who administered your breathalyzer or blood test. You were over the legal limit if you are 21 years old or over with a BAC of 0.08% or over. If you are under 21 years old, you were over the legal limit with any measurable amount of alcohol. If you hold a CDL license, you were over the limit with a BAC of 0.04% or more.
What happens after I am assessed by the police officer?
If you take a breath test, the officer gives you a copy of an affidavit. He sends the affidavit and the test results to the Oklahoma Department of Public Safety (DPS). If your BAC is determined through a blood test, the lab will notify the Oklahoma DPS of the results.
Should DPS determine that your driving privileges should be revoked, you will receive an “Order of Revocation” in the mail. It specifies the date the revocation begins. The revocation is effective 30 days from the date you were served the affidavit. If your mailing address is not the same as what is stated on your driver’s license, be sure to contact DPS. Otherwise, you may not receive these documents.
Can I continue to drive if the officer seized my driver’s license?
If the officer seized your driver’s license, he/ she is required to send the license to DPS. The affidavit the officer signed will serve as your temporary driver’s license for a period of 30 days so long as your license was not suspended at that time.
After thirty days, you may no longer drive unless you have received your driver’s license from DPS or you have been issued a modified driver’s license.
Can I just get a new license?
You may not receive a replacement license unless otherwise advised by DPS. If you apply for a license while your license is in the possession of the officer or DPS, criminal charges may result. If your driver’s license was invalid or expired at the time, DPS will not return it to you. You may obtain an Oklahoma identification card from DPS or from a tag agent if needed.
What if I want to contest the Order of Revocation or drive during that period?
You may request an administrative hearing within 15 days from the date you were given the Order of Revocation. To make this request, visit:https://www.ok.gov/dps/documents/ReqHearing.pdf.
However, if you just want to drive during your revocation period, you may request a modified driver’s license. The modified license replaces your Class D license. It allows you to operate a noncommercial motor vehicle equipped with an ignition interlock device. You may then drive to and from work. There is a fee that must be paid to DPS to obtain a modified driver’s license. You will also pay the interlock company for installing and maintaining the interlock device.
If you decide to obtain a modified license, you may request one at anytime before attending an administrative hearing. You do not need an attorney to request a modified driver’s license or an administrative hearing. However, if you do hire an attorney, DPS is required to communicate with your attorney.
How long are the driving penalties for my DUI?
If you received a DUI, your license will be suspended for 180 days for the first offense, 1 year if your second offense occurs within 10 years, and 3 years if your third offense occurs within 10 years. Also, anyone under 21 years old driving with any measurable amount of alcohol or refusing a BAC results in a license suspension following the same schedule.
Previous suspensions can affect the length of suspension for DUI even if the charges were not related to drug or alcohol consumption.
How do I get my driving privileges reinstated after my DUI?
The Department of Public Safety will inform you of the requirements to reinstate your license. You will be required to complete an Alcohol and Drug Assessment and Evaluation which we can administer for you. As a result of that assessment, you may be required to attend a 10 or 24 hour Alcohol and Drug Substance Abuse Course (ADSAC) and attend a Victims Impact Panel (VIP) or other recommendations based on your assessment. We offer the opportunity for you to complete the class and VIP requirements here at H.A.L.T. During the class, we will help you discover problems related to your alcohol/ drug consumption and change poor behaviors.
Once you meet your requirements, you will submit a completion certificate to the Oklahoma Department for Public Safety. Visit https://www.ok.gov/dps/ for more information.
Will I face criminal charges for my DUI?
Criminal charges vary based on the number of convictions and the circumstances surrounding your DUI. These factors include whether you caused an accident, injury or death, your BAC and your age. Your first offense results in a misdemeanor charge, jail time of 10 days to 1 year and a fine up to $1,000. If you receive a 2nd offense within 10 years, you will be charged with a felony, jail time between 1 and 5 years and a fine up to $2,500. A 3rd offense will result in another felony charge, jail time of 1 to 7 years and a fine up to $5,000. Any other offenses will result in a felony charge as well as jail time from 1 to 10 years and a fine up to $5,000.
We are here to help you during this difficult and confusing time. If you have further questions, we would love to help. Contact us today.
Our material is intended for informational purposes only and is not intended as a substitute for counseling with a qualified professional.