Question: What happens to my drivers license upon an arrest for DUI in Oklahoma?
Answer: It really kind of depends on whether the person takes a breath test, a blood test or refuses to take the test. If the person takes a breath test or refuses to take the state’s test that’s offered to them and they have their driver’s license in their possession, the officer will confiscate that license. The officer’s then supposed to turn that into DPS, and they send the paperwork in to DPS. The officer will fill out a paperwork that’s called an Officer’s Affidavit and Notice of Revocation, and that will act as a temporary license for a 30-day time period.
If the person requests an administrative hearing within the statutory time limit of 15 days, then the Department of Public Safety, if they have received the hardcopy license from the officer, oftentimes will just send that back to the license holder until their administrative hearing case is resolved, or they will issue them a temporary one that will be good longer after that 30-day period. But if the person doesn’t request the administrative hearing within the 15 days, then at the end of that 30 days they go into revocation and the paper license is no longer good.
Now, if they take a blood test, the officer will not confiscate their license because they don’t have the results back yet, so they don’t know whether or not the person is actually over the legal limit. So that person will keep their license with them until those results come back, and then DPS will send them notice that they’re going to go into revocation of their license unless they request the administrative hearing. Of course, if they request the administrative hearing, they’ll just keep their license until the matter is resolved.
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