Out of State Driver DUI in Oklahoma

If you are charged with DUI in our state, the criminal and administrative cases against you will proceed regardless of whether you are an Oklahoma resident or not.

A DUI charge can become a complicated matter if it involves an out of state driver. If you have been arrested for DUI while visiting Oklahoma, it is very important to speak with an Oklahoma attorney who is experienced in handling these types of cases.

What Will Happen to My License?

Oklahoma cannot revoke your out of state driver’s license but it can revoke your Oklahoma driving privileges. This will be sent to the state that has issued your license. The issuing state may or may not take action against your license depending on the circumstances,

There are two ways for Service Oklahoma (the agency responsible for administering driver’s licenses and revocations in Oklahoma. The first way is under the implied consent laws which can result in an administrative revocation of your Oklahoma driving privileges. The second way to have your Oklahoma driving privileges revoked is the result of receiving a conviction for DUI or APC through the criminal case. It is only a one-time revocation but the State gets two opportunities to revoke your privileges.

This distinction is important as other states respond differently when receiving notice that Oklahoma revoked your driving privileges. Almost all states will revoke if your driving privileges were revoked as the result of a criminal DUI or APC conviction. Some states will not take action though if they only receive notice of an administrative revocation in Oklahoma. 

Even if you are residing in the other state that issued your license, you will still want to challenge the revocation in Oklahoma. If Oklahoma revokes your Oklahoma driving privileges but the issuing state doesn’t take action, the Oklahoma revocation will cause problems when you go to renew your license. Most states belonging to the Interstate Driver’s License Compact will not renew your license if you have a pending revocation or action in another state.

Whether or not your driving privileges are suspended or revoked in your home state will depend on that state’s specific laws and procedures regarding licensing.

It is important to speak with attorneys who are well versed in driver’s license law and belong to national DUI bar associations like the National College for DUI Defense, as they will have contacts in every state to be able to determine what, if any, effects the Oklahoma arrest will have on your out of state license. It is entirely possible not to have any suspension or revocation in your home state. 

Not only are all of our attorneys members of the National College for DUI Defense (Mr. Hunsucker is a Regent of the College), we are the only firm in western Oklahoma that has a full-time attorney who handles nothing but license issues. Attorney Brian Morton was recruited to our staff directly from the Department of Public Safety (DPS), where he was a top litigator and administrative hearing judge.

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What If I Have Priors from Another State?

If you are charged with DUI in our state and have priors from another state, they may be used to enhance your current case to a felony if the prior charges are similar, within the required timeframe and are from a court of record.  Even if the prior charge appears to qualify, HLG still requests copies of all the paperwork to make sure it is adequate.  Remember…it is not enough that you had a qualifying prior….they must PROVE it! The paperwork may not be available or it may not have enough identifying information on it are a few of the reasons we have had felony DUIs reduced to misdemeanors.

Contact us today to schedule a free, no-obligation review of your case.