What are my Options Regarding my Oklahoma Driving Privilege
on or after November 1, 2019? DUI License Suspension Process 2019
Oklahoma’s DUI laws regarding driving privileges changed November 1, 2019. On or after that date, a person who arrested by an officer for DUI or Actual Physical Control (APC) will be given notice that their driving privilege is being revoked effective in 30 days. When that happens, the person will have three options regarding their driving privilege:
The arrested driver can elect to do nothing and simply go under revocation and not drive during the revocation period. For a first time revocation, the period is 180 days. If it is your second revocation within a ten year period, the revocation is for 1 year. For a third revocation in a ten year period, the revocation is for 3 years.
Enter IDAP Diversion Agreement
The arrested driver can apply to the Department of Public Safety (DPS) Impaired Driver Accountability Program (IDAP). Under this program you will have to have an Ignition Interlock Device (IID) installed on any vehicle you drive for the length of what the revocation period would have been had you not entered the IDAP agreement. If you successfully complete the program, then the revocation does not appear on your driving record and there are no reinstatement fees. There is a $250 fee to apply to this program and be issued a Restricted driving privilege. This fee is due upfront.
There are some potential downfalls to IDAP. If you have an interlock violation, the length of time to have the interlock installed can be extended for interlock violations. For a full discussion of the IDAP program and its rules and regulations, click here.
Fight the Revocation
The arrested driver can challenge the revocation of the driving privilege by filing a petition in the District Court of the county where the arrest took place. There is an approximate $180 filing fee to the court to file the petition. The court will set the matter for a hearing to look at the issues involved and merits of the case. The burden is on DPS to prove that the revocation should remain. If the court finds that DPS has not met its burden, then the court will throw out the revocation. Since the appeal was successful, you would not be required to have an ignition interlock in order to drive nor would anything show on your public driving record. However, it could be a requirement of as a result of their criminal case. This is why it is important to have an attorney that understands both parts of a DUI charge.
If the court finds that DPS did meet its burden (proved their case), then the court will order the revocation remain. If you want to be able to drive, the court is required to grant a modification to allow the person to drive with an ignition interlock device installed during the revocation period. While the interlock requirement can be extended for violations, it is not the same as those under the IDAP program. At the end of the revocation period the person will be required to submit a drug and alcohol assessment and pay a reinstatement fee to DPS. The revocation will show on your public driving record for three years.
There are other considerations to be considered if you have a Commercial Driver’s License (CDL), drive company vehicles or rent vehicles.
While these are the basics of the options, Hunsucker Legal Group recommends scheduling a free consultation to determine which option may be best for your situation. Call (405) 231-5600 to schedule your free no obligation consultation today.
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