One of your license options is to challenge the license revocation. To do so, it is necessary to file an Appeal in civil District Court. This will be the District Court in the county the person was arrested. This is done by filing a civil petition (lawsuit) and paying a filing fee of approximately $180.00 to cover filing fees and costs.
Once a civil petition is filed, an order is presented to the Judge setting a court date within 60 days and directing Service Oklahoma to stay the license revocation until the case is resolved. During this time, the licensee will have the same driving privileges as they had before the arrest.
At the hearing, the arresting officer as well as the testing officer and stopping officer (if different) will have to testify and show that he/she complied with the Board of Tests (BOT) rules. BOT is the state agency responsible for creating the rules of chemical testing and refusals. The officer(s) will also have to prove they had a reasonable suspicion of a crime to pull you over and probable cause to believe a crime had been committed when making the arrest.
If the Judge finds that the State has met their burden, he/she will sustain the revocation. If the Judge does sustain the revocation, the driver’s license will be revoked and the driver will have to install an ignition interlock device in order to reinstate. A restricted license will allow driving with Class D privileges but will require the installation of an interlock device in any vehicle driven. During the revocation period, the Board of Tests will monitor for any ignition interlock violations. If any violations occur in the last 90 days of the revocation it can possibly extend the period of revocation for an additional 90 days. At the end of the revocation period, the regular license can be reinstated by showing completion of an alcohol assessment as well as completion of an ADSAC DUI course, Victim Impact Panel and any other recommendations made by the assessor. The reinstatement fee is generally $315 depending on actions taken by Service Oklahoma.
If the Judge finds the State had not met their burden of proof, then the revocation would be set aside with no further expense, interlock, or license requirements. However, this is half the battle as the State gets two chances to take your license. In the criminal case, a conviction will cause a license revocation also regardless of the Judge’s Order setting aside the revocation. This can be prevented by either getting the case dismissed, a reduction in charge, or receiving a deferred sentence.
If you have been charged with DUI in Oklahoma, call the Hunsucker Legal Group in Oklahoma City. Our highly trained attorneys have achieved excellent results in both criminal DUI court trials and DPS/Service Oklahoma license appeals hearings
Call the Hunsucker Legal Group at 405-231-5600 to see how our skilled legal team can help you retain your driving privileges.
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