If you are charged with DUI or APC in the state of Oklahoma, you should understand that you will actually be facing two separate legal actions: a criminal charge for driving under the influence or being in actual physical control and a civil action against your driving privileges. These actions are completely separate from one another; criminal cases and administrative hearings are carried out by different agencies and held in different venues with different rules. Despite the differences in these actions, the Hunsucker Legal Group represents its clients at both proceedings.
Once you are placed under arrest, the clock starts ticking on your driving privileges. The arresting officer will issue you a Notice of Revocation. If a request is made for an administrative license suspension hearing within 15 days of being arrested, then your temporary driving permit will remain valid until a final decision is rendered by the administrative hearing officer. If, however, the hearing is not requested within the allotted 15 days, your driver’s license will be automatically suspended on the 30th day for a period of no less than six months.
What is an Administrative License Suspension Hearing?
The Oklahoma Department of Public Safety handles the civil action following a DUI arrest. The DPS has the power to suspend or revoke your license or to reinstate your license. The DPS is the agency that we will contact to request your administrative license suspension hearing within 15 days of being arrested.
At the administrative license suspension hearing, an administrative hearing officer will determine whether the Oklahoma Board of Tests (BOT) rules were followed during your DUI arrest or whether your refusal to submit to testing was valid. If police did not adhere to the BOT’s rules when administering chemical sobriety tests, then the license revocation will be reversed and your license will be returned to you.
You should note that it is possible to have the DUI dismissed or be found not guilty of DUI yet still lose your license. However, it is also possible to have a successful DPS hearing in which your license is reinstated, only to lose your criminal DUI case and have your driver’s license revoked. In other words, there is only one license suspension per DUI arrest, but the State has two chances to take your license.
It is IMPERATIVE that the DPS is contacted within 15 days of your arrest in order to schedule the administrative hearing. The Hunsucker Legal Group has an excellent record of preventing clients’ licenses from being suspended; however, if the hearing is not requested in time, we will not have the opportunity to help save your license.
Be wary of attorneys that do not represent you at the administrative hearing or tell you to just take a license modification. A modified license is still a suspended license and will require the installation of an ignition interlock device on your vehicle. Your insurance will also increase.
The cost of the drivers’ license administrative hearing will be included in your fee, as it is an integral part of Hunsucker Legal Group’s commitment to aggressively representation. Our goal is winning your license back.
If you have been charged with DUI in Oklahoma, call the Hunsucker Legal Group at 405-231-5600 for a free DUI consultation.
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