If you are arrested for DUI in Oklahoma, the arresting officer is required to read you the Oklahoma Implied Consent warning. Essentially, this warning states that the officer has reasonable grounds to believe you were under the influence or were in actual physical control of a motor vehicle while intoxicated and that a chemical test will be administered to determine whether intoxicants are present in your body. This warning also states that you have the right to refuse to take the test, at a consequence of having your driver’s license revoked.
(The warning also states that you are not entitled to speak to an attorney before deciding whether you will take the test; read more about test refusal here.)
If you refuse the test, the arresting officer will fill out an Officer’s Affidavit and Notice of Revocation/Disqualification. This form states that you refused the test and also notes the exact language you used to refuse. This is why it is a good idea to remain calm and polite when dealing with police officers.
The Officer’s Affidavit and Notice of Revocation/Disqualification also serves as notice that 30 days after your arrest, your license will be automatically revoked for a period of no less than 180 days.
Just because you have a 30-day temporary driving permit does NOT mean you have 30 days to contest your license revocation!
Once you have been issued the Officer’s Affidavit and Notice of Revocation/Disqualification, you only have 30 days to contact the Oklahoma Department of Public Safety (DPS) to request an administrative hearing. If you do not request the hearing within 30 days of being arrested, you will lose your chance to defend your driving privileges and your license will be automatically revoked on the 30th day.
Testing at .06% or Higher
If you decide to comply with the state’s request for a chemical test and your BAC is .08 (the legal limit for DUI) or higher, your license will be revoked and the clock will start ticking on your 30-day temporary driving permit. Again, once you have been served the Officer’s Affidavit and Notice of Revocation/Disqualification, you have just 30 days to request the administrative hearing through the DPS.
If you test a .06 or .07 the officer will not take your license but you will still be charged with the crime of DWI, or driving while impaired. DWI is always a misdemeanor and only carries a license loss if you are actually convicted in the criminal court.
If the state’s test was a blood test, the officer is not supposed to take your license, as you have not refused and he does not have any evidence at that time that you were over the legal limit. Thus, the time to request a hearing has not even started yet. The 30 days starts to run once the blood has been tested, and only if it comes back over the limit of .08. However, we do not wait for the letter as it is sent regular mail to your last address. Instead, we immediately request the hearing so your right to a hearing is preserved in case it is over the legal limit.
The Hunsucker Legal Group
If you have been arrested for DUI and served with an Officer’s Affidavit and Notice of Revocation/Disqualification, contact the Hunsucker Legal Group in Oklahoma City. We routinely represent clients at DPS administrative hearings and have an excellent record in defending criminal DUI charges. We also can request the DPS administrative hearing on your behalf if you contact us within 30 days of being arrested.
Call the Hunsucker Legal Group at 405-231-5600 to schedule a free, no-obligation case consultation.
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