Just because you were arrested for a DUI in Oklahoma does not necessarily mean that you won’t be able to drive at all. You may qualify for a hardship license in Oklahoma. This modified driver’s license may provide a lifeline to allow you to retain some of your previous freedoms and privileges. Understanding the eligibility criteria, requirements, and restrictions is critical if you are considering obtaining an Oklahoma hardship license.
An experienced criminal defense lawyer from Fassio Law can discuss your situation and whether you might have the option to obtain a modified driver’s license in Oklahoma after a DUI. We provide legal representation to individuals in DUI and administrative proceedings in Mustang, Reno, Oklahoma City, Edmond, Norman, and Yukon. Contact us today for a confidential consultation.
What Is a Hardship License?
A hardship license allows people convicted of DUI and certain other traffic offenses to retain certain driving privileges while their driver’s license is otherwise suspended or revoked. It provides people with the opportunity to drive to work and other designated locations when public transportation or other transportation alternatives are unavailable (such as rideshare services). The modified license allows a person to drive under specific terms and circumstances when they have no other adequate means of transportation and do not pose a threat to public safety.
Who Qualifies for a Hardship License in Oklahoma?
Not everyone in Oklahoma is eligible for a hardship license. Generally, first-time offenders or implied-consent violators with no aggravating circumstances might be eligible to apply for hardship licenses after serving part of their driver’s license suspension period. Those with multiple DUI offenses or involved in crashes causing serious injury or death may not be eligible. Eligibility depends on factors, such as:
- Your driving history
- Whether you have prior DUI convictions
- The nature of your DUI offense
Basic eligibility criteria for a modified driver’s license or work permit include:
- Your driver’s license has been suspended, and you aren’t eligible for a regular license.
- You need a driver’s license to maintain your employment or perform necessary household duties.
- You have not previously had a hardship license within the past five years.
- You have not been convicted of another alcohol or drug-related offense within the past five years.
Service Oklahoma states that modifications can be permitted for drivers with the following violations, though they are not guaranteed:
- Any DUI arrest before November 1, 2022
- Driving while impaired with less than 0.08% blood alcohol content
- First offense drug suspension
- Points suspension
- First-offense suspension for eluding a police officer
Granting a modified license is a discretionary decision made by an administrative board, which also considers public safety standards. Your original license suspension cannot be terminated, nor can a mandatory revocation of your driver’s license be modified.
The applicant may have to pay modification and replacement license fees. Some may have to pay to have an ignition interlock device installed in their vehicle.
How to Apply for a Hardship Driver’s License
To obtain a hardship license, you must apply to the Oklahoma Department of Public Safety. You must complete the Modified Driver License Request form and submit accompanying documentation that shows an extreme or unusual financial hardship would result if you cannot drive, such as a letter from your employer or a statement from your doctor. Additionally, you must attach a copy of the Officer’s Affidavit and Notice of Revocation the arresting officer provided you, if available. You must also provide proof of current liability insurance.
You may have to serve part of your driver’s license suspension before you are eligible to apply. You must also pay a fee for the hardship license and license reinstatement fees.
You submit the application and your documents to the following address:
Service Oklahoma
Driver License Services, Compliance Section
PO Box 11415
Oklahoma City, OK 73136
Restrictions of a Hardship License
Even if you are granted a hardship driver’s license, it’s essential to understand that you do not have unrestricted driving privileges. You will only be permitted to drive for specific purposes, such as:
- Traveling to and from work
- Attending school
- Going to medical appointments
- Driving to and from church
You cannot use the license to drive anywhere else outside of the conditions defined for your Oklahoma provisional license, such as running errands, visiting friends, or transporting family.
Additionally, if your license suspension is due to alcohol, you will be required to install an ignition interlock device in your vehicle. This device prevents you from driving if it detects alcohol on your breath. It functions similarly to a Breathalyzer, requiring you to breathe into a tube or other apparatus before the vehicle starts. The vehicle will not start if the system detects alcohol in your breath.
The work permit or hardship driver’s license is only valid for a limited period of time.
Common Reasons for a Denial of a Hardship License
While the approval of a hardship license is discretionary, some of the more common reasons why applications for hardship licenses are denied include the following:
- A driving record with serious traffic offenses, including multiple DUIs or leaving the scene of an accident involving great bodily harm
- Multiple former suspensions of the license
- Multiple traffic tickets
- Pending criminal cases
- Convictions or evidence of driving on a suspended license
- Not having adequate documentation proving that no hardship license would cause undue financial harm
- Having viable transportation options available
- Being found to pose a risk to the public safety if the modified license petition is granted
Can You Appeal a Hardship License Denial?
You can appeal a hardship license denial by requesting an administrative hearing from Service Oklahoma. At the hearing, you and your lawyer can present evidence and legal arguments to challenge the denial.
If the denial is upheld, you can then appeal to the district court. You only have 30 days from the administrative decision to make this appeal, so you must act quickly to preserve your rights.
How a DUI Lawyer Can Help Secure a Hardship License
An experienced criminal defense attorney can be crucial in helping you navigate the complex legal process of obtaining a hardship license. They can help by:
- Explaining the law: Your lawyer can explain Oklahoma law related to restricted licenses and whether you are eligible to obtain a hardship license. If your license was denied, they can explain your options for appeal.
- Reviewing paperwork: Your lawyer can also review the criminal charges against you, the reason for any previous denial of your request for an OKC hardship license, and other relevant documentation in your criminal and administrative case.
- Assist with pending criminal charges: Your lawyer may be able to challenge the underlying criminal charge, such as arguing that the blood alcohol concentration was erroneously determined, the stop was not valid, you had a medical condition that affected your BAC, or that the state has insufficient evidence to prove you are guilty of DUI.
- Gathering necessary evidence: Your lawyer can gather the evidence required to secure a hardship license, such as employment, school, and medical records that show how not receiving the license would pose an undue hardship on you and your family.
- Explaining legal consequences: Your lawyer can explain the consequences if you are caught driving outside the conditions permitted by your hardship license. They can also offer legal advice and explain options for commercial drivers to whom the hardship license does not apply.
- Presenting your case effectively: Your lawyer can craft compelling legal arguments to help fight for the desired outcome.
Contact Fassio Law today for legal help with your criminal and administrative cases.
How Long Does a Hardship License Last?
A hardship license usually lasts for a short period of time, such as six or twelve months. If your driver’s license is still suspended after the expiration period of your hardship license, you can ask to renew the license.
What to Do If You Violate Hardship License Rules
If you are caught driving outside the allowed areas or receive a traffic citation while on a hardship license, it can be revoked. You can also face other penalties.
Contact Our Experienced Criminal Defense Lawyers
A conviction for driving while impaired can lead to jail time, expensive fines, increased insurance rates, and the loss of your driving privileges. If you have been charged with drunk driving or actual physical control, the best way to protect your driving privileges is before you are convicted of the criminal offense. An experienced Oklahoma City DUI defense attorney can challenge the underlying arrest and fight for you to obtain a modified driver’s license.
At Fassio Law, we know that being charged with a crime does not make you a criminal. We want to protect your legal rights and driving privileges. Contact us today for a confidential consultation.
Related:
What Happens If You Get a DUI with a CDL (Commercial Driver’s License) in Oklahoma?
Underage DUI in Oklahoma: What Minors and Parents Need to Know
Can You Be Charged with DUI for Prescription Drugs or Marijuana in Oklahoma?
