THE ADMINISTRATIVE CASE

 
dui-arrest.jpg
 

The Administrative DUI Hearing

If a request is successfully made, an administrative hearing concerning the suspension of the accused’s driver’s license will be scheduled. The date for the hearing may be set a few months away, but drivers are permitted a temporary license until the hearing date.

The administrative hearing will be conducted either in person or over the telephone. The arresting officer has the burden to prove the case. During the hearing, an administrative judge will make a decision concerning the following issues, which will determine whether the driver’s license will be suspended.

  1. Whether the officer had reasonable cause to believe the suspect was driving or in actual physical control of a vehicle while under the influence of alcohol or any other intoxicating substance on public roads, highways, streets, turnpikes, or other public places of the State.
  2. Whether the driver was placed under arrest.

If the revocation is based upon a blood or breath test result the scope of the hearing will also cover whether the specimen was obtained from the person within two hours of the arrest and whether the test result in fact reflects the alcohol concentration. Also, if the accused is 21 or older, the hearing officer will determine whether the driver was advised that driving privileges would be revoked if a test result indicated a BAC of 0.08 or higher. If the accused is under 21, the hearing officer will determine whether the driver was advised privileges would be denied if the test result shows the presence of any measurable quantity of alcohol.

If the revocation is based on the refusal of the person to submit to a breath or blood test, the scope of the hearing will also include whether the person refused to submit to the test or tests, and whether the person was informed driving privileges would be revoked or denied if the tests were refused.

Should the driver’s license holder lose this administrative hearing, the license will go into suspension, and the driver will no longer qualify for a modified license. However, the DPS decision can be appealed in the county court where the DUI arrest took place.

License Revocation Periods

If one fails to request an administrative hearing, her or his license will go into revocation. The revocation period varies from case to case:

First-time DUI (BAC 0.08 to 0.14): 180-day revocation

First-time DUI (BAC 0.15 or more, or refusal): 180-day revocation, 18-month interlock contract after license is reinstated

Second-time DUI (BAC 0.08 to 0.14): one-year revocation

Second-time DUI (BAC 0.15 or more, or refusal): one-year revocation, four-year interlock contract after license is reinstated

Third-time DUI (BAC 0.08 to 0.14): three-year revocation

Third-time DUI (BAC 0.15 or more, or refusal): three-year revocation, five-year interlock contract after license is reinstated

Should a license become revoked, DPS does allow for a modified driver’s license in some situations to permit driving during the revocation. Those arrested for DUI or APC should consult with a DUI attorney to determine whether qualification is possible and the requirements of the modified license.

Those arrested who drive a company vehicle for work, excluding those requiring commercial driver’s licenses to operate, may still obtain a modified license. However, an interlock device must still be installed on the driver’s personal vehicle to receive a modified license. The driver must also supply the Department of Public Safety a letter from the employer stating that an interlock device cannot be installed on a company vehicle, along with meeting other various requirements.

Commercial Driver’s Licenses

When an individual with a commercial driver’s license is charged with a DUI/APC, there are serious consequences that can affect his or her ability to drive commercially, regardless of whether the CDL holder was driving a commercial or personal vehicle at the time of the arrest. Receiving a DUI in one’s personal vehicle will affect the driver’s CDL and, consequently, her or his livelihood.

If a driver’s license is revoked resulting from a DUI in a non-commercial vehicle:

First time DUI: CDL will be revoked for one year

Second time DUI: CDL will be revoked for LIFE

Driver’s operating a commercial vehicle who refuse the State’s test or are driving the commercial vehicle while under the influence of alcohol, drugs, or another intoxicating substance with a BAC of 0.04 or greater, will be arrested for DUI.

First time DUI: CDL will be revoked for one year

Second time DUI: CDL will be revoked for LIFE

The consequences are different for those with a BAC of 0.04 or more while transporting hazardous materials.

First time DUI: CDL will be revoked for three years

Second time DUI: your CDL will be revoked for LIFE

Out-of-State Licenses

Drivers with out-of-state driver’s licenses are not exempt from revocation. A license revocation in Oklahoma will be honored by other states as well.

A DUI attorney can counsel drivers regarding their licenses, administrative hearings, modification possibilities and special requirements for drivers who live out of the state.

DUI DEFENDER - (405) 310-2515

DUI Attorney in Oklahoma City

101 Park Ave. Suite #205 Oklahoma City, OK 73102 - (405) 310-2515
820 West Robinson St. Norman, OK 73069 - (405) 310-2512

Serving Oklahoma City and the Surrounding Areas.


Client Testimonials

“Fantastic! Genuinely sincere and nice person, as well as very professional. Helped me deal with my legal recourse as quickly as possible and was very supportive. Highly recommend!”
- A.G.


“Andrea provided great service, and Terrance was wonderful at answering all my questions. Everything they said they would do was done in a timely manner.”
- K.B.

Let Our DUI Legal Team
Help You Today

Name *
Name
 
 

To Speak With Someone About A DUI Now