what to do if you get a dui in oklahoma

What happens to my driver's license after I get arrested for DUI in Oklahoma?

top dui attorney in okc drivers license revoked You have iii choices if you are arrested for Driving Nether the Influence (DUI) or Actual Physical Command (APC) in Oklahoma:

Apply to the Dumb Driver Accountability Program (IDAP) through the Section of Public Safety (DPS)
Claiming the stop and administration of the chemic test in a District Courtroom
Do zippo

What happens to your license will depend on which of the to a higher place choices y'all make. Note that the terms "revocation" and "suspension" mean the same for purposes of a driver's license.

What is Oklahoma'due south Impaired Driver Accountability Programme (IDAP)?

Voted #2 DUI Attorney in OKC IDAP is a diversion program within the Department of Public Safety designed to encourage people to install an interlock in their vehicle. You need to apply for IDAP. One time DPS approves your participation in IDAP, you lot need to enroll in the plan. Note the following:

Your license doesn't get revoked equally a consequence of participating in IDAP.
There's no reinstatement fee after successful completion of IDAP. You just go to a tag agency and get a new regular license.
The installation of an interlock volition run concurrently with any courtroom club for installation of an interlock for the same offense.
The DUI won't appear on DPS's public record, simply it will be recorded for the purpose of enhancement in the event of a re-offense.

Applying for IDAP

Only Class D license holders may participate in IDAP. If you hold a CDL, and then you lot're ineligible for IDAP; yous must file an entreatment in a commune courtroom.
The arresting officer (or DPS in the case of a blood test) must requite the arrestee a notice advising them of the availability of the IDAP.
DPS must receive your asking for IDAP participation within 30 days from the date of the Notice of Revocation. DPS may corroborate exceptions to this 30-24-hour interval requirement in limited circumstances.
You can't be otherwise ineligible for driving privileges on the date you enter the IDAP agreement.
If you mail service your IDAP request, then the post marking date will exist considered the engagement DPS received your asking.
You may request participation in IDAP at DPS with a Hearing Officer.
Once yous've requested participation in IDAP, DPS will result a temporary stay on your driver's license revocation that will expire at midnight on the 16th day after the IDAP request would have been due.
Submitting a request for a DPS hearing (which doesn't exist under this new law) will exist treated by DPS as a request for IDAP until notified otherwise. A failure to respond to correspondence from DPS regarding IDAP (generated by the hearing request) volition be interpreted by DPS equally a rejection of the opportunity to participate in IDAP.

Enrolling in IDAP

Within 45 days of the date notice was given, you must:
- Pay DPS the program fee of $200.
- Provide DPS proof of interlock installation.
- Pay DPS $fifty to get a restricted driver's license for the period you're in IDAP. The restricted license will state that you're just authorized to operate a vehicle that has an approved and properly functioning ignition interlock device installed.
- Provide DPS with the Employer Exception documentation. If you operate a vehicle endemic past your employer and this is your first impaired driving offense, you may obtain an Employer Exception. Your employer must provide a letter requesting the Ignition Interlock device not exist installed on the visitor vehicle. The alphabetic character must exist on company letterhead and notarized.
- Consummate an IDAP Agreement form.
- Requite DPS proof of liability insurance for the vehicle with the interlock installed. The insurance must exist in your proper noun or accept yous listed as an canonical driver.
- Provide DPS with whatsoever proof of driving privileges. You lot must surrender your electric current driver license.
- Acknowledge receipt and review of the IDAP Participant's Guide.
A DPS Hearing Officer will sign the IDAP Agreement.
Pay $25 to DPS or a tag bureau to get a new physical license (with interlock restriction). If you appear earlier a Hearing Officer at DPS Headquarters in Oklahoma City, y'all will receive your Restricted driver license at the stop of the enrollment process. If yous appear before a Hearing Officeholder at any other location, upon completion of the enrollment process, you lot must go straight to a Motor License Amanuensis to receive your Restricted driver license.
The twenty-four hours enrollment in IDAP is complete (all of the above achieved) is your first mean solar day in the program.
DPS may approve exceptions to the 45-twenty-four hour period requirement on a limited basis.
All plan restrictions go on through the last solar day of IDAP. Yous're responsible for completing IDAP before removing the interlock.
If you lot're enrolling in IDAP for a subsequent DUI/APC arrest, then yous'll complete any subsequent IDAP period consecutively.

How practice I figure out the Appointment of Notice of Revocation?

Breath exam or refusal – the date of abort
Blood examination – the tenth day after the date DPS mails you or your attorney the Notice of Revocation

How long do I have to go along an interlock in my automobile under IDAP?

The minimum time an interlock must exist installed in your vehicle:

Offset offense – six months
Second criminal offence – 12 months
Third law-breaking – 36 months

Once y'all consummate IDAP, you can drive with a normal license and without an interlock—regardless of whether y'all refused or how many times y'all've been arrested for DUI.

What if I commit an interlock violation while in IDAP?

In that location's a menses of time in which an IDAP participant is field of study to program extension due to interlock violations or program violations.

Six month menstruation – Y'all cannot commit a reportable violation in the 60 days prior to being released from IDAP. If you commit a violation during the terminal 60 days of the original program length and any extensions, and so the program volition be extended threescore days.
Ane-year period – You lot cannot commit a reportable violation in the 120 days prior to being released from IDAP. If you commit a violation during the last 120 days of the original program length and whatever extensions, so the program will be extended 120 days.
Iii-twelvemonth period – You cannot commit a reportable violation in the year prior to being released from IDAP. If you lot commit a violation during the last yr of the original program length and whatever extensions, and then the program will be extended 365 days.

Interlock violations include:

Three penalty fails at startup inside a fifteen-minute timeframe
Iii retest violations constitutes a reportable violation. Each retest violation after those outset three constitutes a reportable violation.

Program violations include:

A circumvention
Removal of the device except:
- Upon receipt of documentation from the installation authorisation or monitor authorizing that removal;
- The vehicle is being repaired. In this state of affairs, the programme participant must inform the licensed service centre at least every viii days as to the anticipated date of completion of repairs; or
- The vehicle is being replaced. If your vehicle is existence replaced with another vehicle, so the removal and reinstallation of the device in the new vehicle has to be accomplished within 8 days of the removal of the device from the old vehicle;
Tampering; and
Missed service appointment.

If you have a verified program violation, you must appear before DPS to provide proof that the program violation has been remedied.

What can DPS practice to me if they receive a report of a verified program or interlock violation?

If you commit a violation, DPS may impose any of the post-obit:

Retraining with manufacturer, at the expense of the participant;
Installation of an interlock with a camera;
Restrictions on the days and times of the participant'south driving;
Referral to re-assessment; and
Removal from IDAP, which volition result in a driver license revocation.

You may appear earlier a DPS Hearing Officeholder within xv days of receipt of the detect of violation to contest that violation. The Hearing Officer may sustain or ready aside the violation. If you don't competition the violation inside those 15 days, then you have waived any future correct to contest that violation.

How do I graduate from IDAP?

To graduate from IDAP, you must requite the post-obit to DPS:

The completion form from the Board of Tests verifying no interlock violations in the last threescore/120/365 days of the program and
Certificate of completion of the requirements of the drug and booze assessment (ADSAC – "red stamp").

You cannot have been arrested for DUI while in IDAP because DPS volition verify that they accept not received any additional officer's affidavits and notices of revocation. Finally, DPS will update your Driver Index to reverberate the completion of IDAP and upshot yous a completion document.

What if I challenge the DUI stop or assistants of the breath/claret test?

If you lot believe the stop, arrest, claret examination, and/or breath exam were improper, you tin can challenge the DUI arrest. An appeal must be filed in the district courtroom of the county where the offense occurred. Notation the following:

The appeal petition has to be filed inside xxx days afterwards the find of revocation has been served on the arrestee.
The appeal must be set for a hearing 15-30 days from the date the petition is filed.
The court clerk has to send a certified copy of the petition and order for hearing to DPS. I have copies mitt-delivered to DPS for my clients.
Your license won't become revoked at the xxx-day mark if you file an appeal in commune court.
If you lose the hearing, and so your license gets revoked. If your license is revoked, and then you have to get information technology reinstated afterward the revocation period. This involves paying $315 to DPS and submitting proof of the Alcohol and Drug Substance Abuse Course (ADSAC) completion.
If you lot lose in district court, you lot may ask the courtroom to order DPS to issue a modified license so that you lot may legally bulldoze during the revocation menstruum. The court must issue that order if you lot enquire for information technology. The modified license volition crave the installation of an approved and working interlock during the revocation/break period.
You may appeal the loss in district court to the Court of Civil Appeals.
Yous may also "sit down out" the revocation period and not become a modified license with interlock. If yous do this, then y'all cannot legally bulldoze during the revocation period.

What will the district courtroom look at to determine whether my license should be suspended?

The hearing volition embrace whether the officer had reasonable grounds to believe the person had been operating or was in actual physical control of a vehicle on the public roads, highways, streets, turnpikes or other public place in Oklahoma while under the influence of alcohol, any other exhilarant substance, or the combined influence of alcohol and any other intoxicating substance. It will likewise cover whether the person was placed under arrest. The court volition evaluate whether the driver was properly notified of the upshot of a refusal or having an alcohol concentration in the breath or blood in a higher place the legal limit. DPS must prove that the violation occurred within the officer's jurisdiction.

Each officer who would testify to an chemical element that DPS must prove must show for the hearing. For example, if only one officer saw y'all driving and only one other officer administered the breath examination, then both officers must show at the hearing. The instance may get dismissed if the officeholder or officers don't show to the court hearing.

If the revocation or denial is based upon a breath or blood examination, the hearing will also embrace whether:

If timely requested by the person, the person was non denied a breath or claret test;
The blood or breath specimen was obtained from the person within two hours of his or her arrest;
A person under 21 was advised that driving privileges would be revoked or denied if the test result reflected the presence of any measurable quantity of alcohol (0.02 BAC);
A person 21 or older was advised that driving privileges would exist revoked or denied if the test upshot reflected an alcohol concentration of .08 or more; and
The examination result in fact reflects the alcohol concentration.

If the revocation or denial is based upon the refusal of the person to submit to a jiff or blood examination, the hearing will too include whether:

The person refused to submit to the test or tests; and
The person was informed that driving privileges would be revoked or denied if the person refused to submit to whatsoever exam.

Can I both apply for IDAP and file an entreatment in a district court?

Technically, no. Electric current DPS administrative rules prohibit yous from enrolling in IDAP if yous filed a claiming in District Court. However, DPS does have some discretion to allow you to enroll in IDAP after you take filed a district court appeal. Information technology typically takes longer than 30 days to receive the incident report and video. DPS understands this. That's why DPS is sometimes willing to allow you lot to enroll in IDAP despite having already filed a commune court appeal. Notation that changing your heed and enrolling in IDAP should be done fairly early on. DPS won't permit you to modify your mind on the twenty-four hour period of the hearing when the officeholder is nowadays and prepare to prove. The point is to requite the driver time to acquire and review the discovery—non see whether the officer is going to evidence at the hearing.

What if I practice zilch within 30 days of the Notice of Revocation?

If you don't apply to IDAP or challenge the arrest in district courtroom inside 30 days of the arrest/notice, then your license will be revoked 30 days subsequently the Notice of Revocation date for a breath test/refusal and 40 days after the date DPS mails the Notice of Revocation. If yous're otherwise eligible for a modified license, DPS must result you a modified license upon asking for the six and 36-month periods. DPS may alter a license for the 12-month period. An interlock must be installed during the modification menses.

The periods of revocation and periods of interlock installation volition run concurrently. Nonetheless, each must exist for no less than the respective amount of time. This means that if you lot get a modified license 2 months into your six-month revocation, y'all all the same have to continue the interlock installed in your vehicle for a total half-dozen months. you lot can't "expect out" part of whatever revocation period in gild to become less interlock time. Therefore, you should get the interlock installed as close to the date your license is revoked if you lot plan on driving during the catamenia that your license would be revoked.

How long is my license revoked?

If you lose the hearing in commune court or do nada during the thirty days later on you received observe, more often than not, your license will exist suspended appropriately:

First offense – 6 months
Second offense – 12 months
Third and subsequent criminal offense – 36 months

Once your license is reinstated, you tin drive with a normal license and without an interlock—regardless of whether you refused or how many times you've been arrested for DUI.

How is the length of revocation adamant?

The length of revocation depends on how many times the license has been suspended in the last 10 years or whether the driver completed IDAP in the last ten years.

The revocation will exist for 1 twelvemonth (or longer) if within 10 years preceding the date of arrest relating the current DUI:

A prior revocation commenced due to a DUI/APC, or completion of the Impaired Driver Accountability Program, or
Your tape reflects a prior conviction in some other jurisdiction that did not upshot in a revocation of Oklahoma driving privileges, for a violation substantially similar to an Oklahoma DUI/APC and the you were not a resident or a licensee of Oklahoma at the fourth dimension of the offense resulting in the conviction.

The revocation will be for iii years (or longer) if within ten years preceding the date of abort relating the current DUI:

2 or more prior revocations commenced due to a DUI/APC;
A prior revocation commenced due to a DUI/APC, and completion of the Impaired Commuter Accountability Programme;
Your record reflects two or more than prior convictions in another jurisdiction that did not upshot in a revocation of Oklahoma driving privileges, for a violation substantially similar an Oklahoma DUI/APC, and the you lot were not a resident or a licensee of Oklahoma at the time of the law-breaking resulting in the conviction; or
Any combination of two or more prior revocations, completion of the Impaired Driver Accountability Programme, or convictions as described above.

What if I commit a violation during the revocation catamenia?

If your license is revoked and you commit an interlock violation while on a modified license, so your interlock menstruum will be extended. You can't commit any reportable violations inside 180 days prior to the engagement of release from the modification. The 180-day violation-free requirement applies regardless of the length of revocation. So, note that a get-go-time offender could complete almost the entire 180 days and finish upward with an entirely new 180 days due to a violation in the final days of their original revocation period.

Will I become my physical commuter's license back?

Maybe. DPS sometimes mails the confiscated license dorsum to the licensee. This happens in about 20% of the cases. I haven't noticed whatsoever pattern in why some are returned and some aren't. Don't count on your license beingness returned.

Can I get a new driver's license if the officeholder took my concrete license?

No. It's a criminal offense to apply for a renewal or a replacement license to operate a motor vehicle while your license, let, or other evidence of driving privilege is in the custody of a law enforcement officeholder or DPS. Get a land ID card if you need a photo ID carte.

This crime is a misdemeanor. The range of punishment in jail is seven days-half dozen months. The maximum fine is $500.

What if the officeholder didn't take my commuter'due south license?

This is irrelevant. Sometimes, the arresting officer confiscates the license, sometimes they don't. If y'all received an Officer'due south Affidavit/Notice of Revocation, then you must decide what to do with respect to your license within xxx days of receiving discover—regardless of whether the officer confiscated your license. Sometimes, the officer doesn't give the Notice or the Detect gets lost. If y'all were arrested for DUI/APC, it'south all-time to preserve your rights and act as though the officeholder did requite you the Detect.

What if I accept an out of land driver'south license?

Doesn't matter. All of the above still applies to yous. Don't think of your "commuter'due south license" as the physical card. Remember of it as "permission to drive." If Oklahoma revokes your commuter's license, then your permission to drive in Oklahoma has been revoked. If your permission to bulldoze in Oklahoma has been revoked, then consider your permission to bulldoze in your state likewise revoked. This is because your revocation is shared with all united states. With the interstate meaty, most states consider a revocation in another state to be a revocation in their land.

DPS sent me an Order of Revocation. What do I practise?

Hire an attorney ASAP! This means DPS has received an Affidavit/Observe of Revocation from the officeholder who arrested you. Depending on when you received that slice of mail, the date of revocation stated on the Order may not have occurred yet. If you do zip, then your commuter'due south license will be revoked on the engagement stated on the Order. Notation that the Order heavily pushes the IDAP plan and hardly mentions your right to challenge the license revocation. I believe they're doing this to scare people into enrolling in IDAP.

What if my revocation started before November 1, 2019?

The law in place on November ane, 2019 applies to y'all. This means that y'all will not be required to accept an interlock installed in your vehicle to reinstate your license if it was required under the old law. The "Erin Sweezey" (actress interlock) time does not apply anymore. If this applies to yous, telephone call Commuter Compliance at Oklahoma DPS at 405-425-2059 and ask them to remove the brake.

Sources: Oklahoma Administrative Code Title 595 Affiliate 40 §§ 7-1, 7-2, 7-iii, 7-4, seven-v, & vii-half dozen; and 47 O.Due south. §§ 2-116, vi-204, 6-205, vi-205.i, 6-211, half-dozen-212, 6-212.2, six-212.5, half dozen-212.half dozen, half-dozen-303, 11-902a, 751, 752, 753, 754, 754.1, & 754.2

Current as of June 15, 2020. Laws are subject to alter at any time! Become to the sources cited above for the most up-to-date police.

Charged with DUI in Oklahoma? Call OKC DUI attorney Frank Urbanic at 405-633-3420 .

Don't panic! Call Urbanic.®

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Source: https://www.urbanic.law/answers/dui-dwi-apc/what-happens-to-drivers-license-after-a-dui-in-oklahoma/