Oklahoma DUI License Suspension Attorneys

Driver’s License Defense Lawyers in Oklahoma 

When you are arrested for driving under the influence (DUI) or actual physical control (APC) in Oklahoma, the first thing you should know is that the state is going to bring two completely separate actions against you. The first action is a criminal one in which the prosecution will attempt to levy fines, jail time, probation, and other penalties against you.

The second action is civil and aims to revoke your driving license for a period of time and force the installation of an ignition interlock device (IID) into your vehicle to prevent you from operating it. This IID would be installed as part of your terms of completing the Impaired Driver Accountability Program (IDAP) to restore your driving privileges.

You can fight the second, civil action by appealing your revocation. However, new state laws went into effect in November of 2022 that alter what happens after the revocation of your license. These changes include shifting the revocation responsibilities from the Oklahoma Department of Public Service (DPS) to a different agency, Service Oklahoma. 

Our Oklahoma DUI license suspension lawyers can walk you through your options for saving your driving privileges in a free, no-obligation consultation. Call (405) 544-2992 or contact us online now!

Know the Difference: Administrative Suspension Versus Court Suspension

A driver becomes is at risk of an administrative driver’s license suspension after being arrested for DUI. This type of suspension operates under the authority of the Service Oklahoma and is independent of criminal court proceedings. The driver faces this action immediately following the incident, and the process begins with a notice handed out directly during the traffic stop. To contest a pending administrative suspension, the driver must request a hearing within 30 days. 

On the other hand, a court suspension occurs as part of a judicial process. This suspension results from a criminal conviction related to driving offenses, such as DUI. A criminal court imposes this type of suspension as a penalty after a legal finding of guilt. Unlike the administrative process, this suspension ties directly into the criminal justice system and follows formal adjudication, including sentencing.

In other words, you do not have to be found guilty of DUI or a DUI-related offense to lose your license! If you take no action after a DUI arrest, you will face an administrative license suspension. That is why it is so important to get legal advice right away. Our team at Hunsucker Legal Group is available 24/7 to take your call, so don’t wait to get in touch.

Duration of an Administrative License Revocation in Oklahoma

The length of a driver's license suspension for a DUI in Oklahoma depends on the circumstances of the offense and whether it is a first or subsequent DUI. For a first offense, the administrative suspension typically lasts for six months. However, this period can extend up to one year if aggravating factors are present, such as a high blood alcohol concentration (BAC).

For a second DUI offense within a ten-year period, the suspension increases significantly to one year, reflecting the state's stricter penalties for repeat offenses. A third or subsequent offense may lead to a suspension of three years or more, emphasizing the escalating consequences of repeated violations.

Understanding Restricted Driving Privileges and Modified Driver’s Licenses

Restricted driving privileges and modified driver's licenses offer individuals arrested for DUI in Oklahoma an opportunity to regain limited driving rights during their suspension periods. A modified driver's license, for example, allows driving under specific conditions, often requiring the installation of an ignition interlock device (IID) on all vehicles the individual intends to operate. The IID monitors alcohol consumption by requiring the driver to pass a breath test prior to starting the vehicle.

Eligibility for restricted driving privileges typically depends on factors like the offender's driving history and the severity of the current offense. Once granted, the modified license restricts driving to purposes deemed necessary, such as commuting to work, attending school, or accessing health care services. Noncompliance with the terms of the license or additional violations can lead to revocation of these privileges, along with harsher penalties.

How 2022 and 2024 Laws Impact License Suspensions in Oklahoma

With the introduction of a new 2022 law, you are automatically required to enroll in the IDAP and install an IID in your car for the entire period during which your license is revoked. The only other alternative is to contest your revocation, which our Oklahoma DUI license suspension attorneys generally recommend and can assist you with. 

This IID attaches to your vehicle’s ignition, keeping the engine from starting if it detects that you have been drinking. Any attempts to bypass the device or trick it in any way (such as having a passenger blow into it) will be detected by video surveillance and will violate the terms of your IDAP participation. These violations will add time to the period of your license’s revocation and lengthen the time you are required to keep the IID in your vehicle.

Associated costs for the IID, including installation and monthly rental, will vary depending on the particular model used in your vehicle. The cost for IDAP is $150 plus reinstatement fees, which are due at the program’s completion. Completing the program, paying all of the associated costs, and keeping the IID in your vehicle for the proscribed amount of time are all required to get your license back.

As of November 1, 2024, another new law affects the six-month revocation period for a first offense. An individual can now apply for IDAP but keep their revocation off their driving record. A person must request this provision within 30 days of their arrest, meaning they must decide without knowing whether Service Oklahoma will revoke their license. Our team at Hunsucker Legal Group can discuss this option with you during your free case evaluation.

How We Can Contest Your Driver’s License 

Since losing your driving privileges and paying fees to have an IID is less than ideal, your only alternative is to challenge the revocation of your license. Our full-time driver’s license defense attorney, Brian Morton, can handle every aspect of contesting the action against your license. We are ready to pursue the best possible outcome.

We start by investigating every detail of the case against you. Our team can talk to every witness, gather every piece of evidence, and create a plan for successfully defending you and restoring your driving privileges. We are prepared to file the petition for a driver’s license revocation hearing and lay out everything we have gathered, attacking every element of the case against you. You don’t even have to attend this hearing. 

Our Oklahoma DUI license suspension lawyers have a history of restoring our clients’ right to drive in hearings like this, thanks to the overwhelming preparation we put into each case. Even if we don’t get the outcome you desire, you can still preserve your driving abilities while you wait for your court date for criminal charges by joining the IDAP.

Given our case results, however, we are confident it will not come to that. We believe that no DUI case can’t be won, and we look forward to proving that DUI cases can be contested and beaten. Contesting your driver’s license revocation and winning is a potential option, and we invite you to schedule a free, no-obligation case evaluation to learn more about how we can help you potentially avoid putting what is essentially a breath test device in your vehicle for six months or more.

Take the first step to regain control of your life after a DUI arrest. Call (405) 544-2992 or contact us online!