Hi, my name is Brian Morton, the Driver's License Attorney for the Hunsucker Legal Group. Today is November 25th, 2019 and I'm here to share with you information regarding new changes in Oklahoma's DUI Laws. As you search throughout the internet, you may find information out there, but it's not always necessarily up to date. Here at Hunsucker Legal Group, we pride ourselves on trying to keep as much up to date on all the changes in the law regarding DUI. So today I want to discuss some of those that deal with driver's licenses.
This past year, the Oklahoma legislature passed a bill called Senate Bill 712, and it did several things regarding driver's licenses that have significantly changed from the past. The first one being is that the Erin Swezey Act, you perhaps you've heard of that word, added 18 months, four years or five years of interlock after somebody came off revocation. Well, that law is gone. So there's no more additional 18 months, four-year or five-year interlock requirements after somebody has served their revocation.
The other thing this bill did is it got rid of the administrative hearings with the Department of Public Safety. So you no longer make a request directly to DPS to have an administrative hearing. Those days are gone. Instead, you now make that challenge to district court. But we're going to cover that here in a moment. So you've been arrested, you've bonded out of jail, and you're concerned about your driver's license. The police officer should have given you some type of documentation, one of them being what's called a notice of revocation, advising you that your driver's license was going to be revoked within 30 days.
That police officer should have also given you another document that advised you of your right to appeal that revocation to the district court in the county where you were arrested, or a new program that was created into law, called IDAP. Stands for Impaired Driver Accountability Program.
So as a result of these changes, what's going to happen to your license? Well, you've got a couple of different options available to you. The first option is you could literally just do nothing. Your license would go under revocation at the end of 30 days. And when I say license, it's actually your driving privilege here in Oklahoma. For people that have an out-of-state license, Oklahoma can't revoke your out-of-state license. Only your home state can do that. And many times, it depends on whether they're going to revoke you for out of an administrative revocation. Some states don't do that, but you would need to check with your home state to find out whether they take that type of action.
So Oklahoma's going to revoke your driving privilege here to operate a motor vehicle in Oklahoma. So if you do nothing, your license goes into revocation. For a first time offense, that's for a period of 180 days. If you had a prior revocation within the past 10 years, then DPS is going to revoke your privilege for a period of one year. And if you've had two priors, or more within the preceding 10 years, DPS is going to seek to revoke your privilege for a period of three years. So if you do nothing, you just go under revocation and serve the time period, then you're eligible to reinstate at the end of that time period, and get your driving privilege back after the revocation has been served. So that's your first option.
The second option is the IDAP program. In order to do the IDAP program, you have to make application. Now you've only got a short timeframe, that being 30 days, to make application. Unfortunately, DPS doesn't have the form to apply up online yet, but those forms are out there. We even have them here at the Hunsucker Legal Group to make application to the program. In order to do the program, there's a $250 fee; part of that being $200 to enroll, and $50 for restricted license. So you get involved in the program, you what are the requirements?
You have to have an ignition interlock device installed on your vehicle for the time period, whether it be 180 days, one year, or three years. And while you're on the program, you're subject to being monitored by DPS. If you have interlock violations, DPS can take action against you, such as having re-education on how to use the interlock device. Could make you have a device with a camera installed on it. They could restrict your days of driving. So there's a number of things that they could do. And in worst case, it could be expanded to extend the time that you're on the program for any violations.
Once you've completed that program, you come off of it, and you take the interlock device out and DPS does not put a revocation on your driving record. So the revocation on your record is resolved, because you're not revoked at the end of completion. So that's your second option.
The last option is to appeal and challenge the actual revocation of your driver's license. There may be a number of reasons for doing this. The officer may have not done something properly. There may not have been probable cause to stop your vehicle to begin with. Any number of things that can take place. So we challenge that in the district court, and if the judge finds that DPS has not met its burden, DPS, then the judge will set aside the revocation and we win. However, if the court finds that DPS has met its burden, the court will revoke the license.
However, that license has to be modified under the new law. The court would modify that. And what that means is having the ignition interlock device installed in your vehicle. Once that's installed, it's the same periods as the IDAP, 180 days, one year, and three year. So the biggest difference between the two programs is challenging it in district court, you'd end up with a revocation, and you would have some reinstatement fees to apply. But as far as the amount of time that you're going to the interlock installed. They're roughly both the same. There are some instances depending upon interlock violations, as to which one may be extended a little bit longer.
But those are the options that are available to you. However, we really can't tell you through a video without knowing the facts of your case, which option would be right for you. That's why we offer a free consultation here at the Hunsucker Legal Group, for you to come in and sit down with an attorney who's experienced in the law, that can ask you questions regarding your case, and provide good, solid legal advice for you as to what may be the best option for you to choose. Whether it be option one, option two, or option three. So feel free to give a call today to area code (405) 231-5600 and set up your free consultation today.
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