If you are arrested for DUI, you can face serious administrative and criminal penalties, including possible jail time, community service, driver’s license suspension, and fines. The increased insurance rates can also cause substantial financial hardship in the coming years. The best way to protect yourself from these severe consequences and safeguard your driving privileges is to work with an experienced DUI defense attorney.
If you’re facing DUI charges in OKC, you need to understand how the license suspension process works, how long the suspension might last, how to avoid suspension, and alternatives to suspension. If you are caught driving while on a suspended license, you can be charged with a misdemeanor and could face additional penalties. Multiple offenses can result in felony charges.
At Fassio Law, we treat every client with the respect and dignity they deserve. We don’t believe that just because you’re charged with a criminal offense that you are a criminal. We offer confidential case reviews where we can explain how we can help. Call us today to get started.
How DUI Arrests Lead to License Suspension in Oklahoma
As a preliminary matter, it’s vital that you understand that after you are arrested for DUI, two cases are occurring simultaneously: your criminal case and the administrative case dealing with your driving privileges.
You can also have your driver’s license suspended if you are found to have violated the implied consent law. Under this law, you agree to submit to chemical testing if you are arrested on suspicion of DUI in the state as a condition of receiving a driver’s license here. If you refuse to take these tests that you have proactively agreed to take, automatic penalties apply, which include a longer driver’s license suspension period.
During a DUI investigation, law enforcement may be assembling information to support an arrest, such as:
- Observations by law enforcement officers of impaired driving
- Answers to questions they ask you
- Results of field sobriety tests, such as the horizontal gaze nystagmus, walk-and-turn, and one-leg stand test
- Preliminary breath tests
If your blood alcohol concentration (BAC) is 0.08% or higher or if you refuse to take a breathalyzer or blood test, the Oklahoma Department of Public Safety will suspend your driver’s license. This is true even if you are not ultimately convicted of DUI in criminal court. The administrative driver’s license case begins almost immediately after your arrest, so you need to take prompt legal action to protect your rights.
If you are eventually convicted of DUI, the judge can impose a separate suspension.
You can challenge an administrative suspension while also dealing with criminal court proceedings.
What Are the Immediate Consequences for Your Driver’s License?
The Oklahoma Department of Public Safety will typically suspend your driver’s license if you are arrested for DUI. The automatic suspension period is usually 180 days. You only have 15 days to request an administrative hearing to avoid this automatic suspension from applying
Criminal and Administrative Penalties of a DUI
The combined criminal and administrative penalties of being convicted of a DUI can be significant. Possible criminal penalties include:
- Jail time
- Fines
- Community service
- Substance abuse treatment
- The requirement to install an ignition interlock device in your vehicle
Administrative penalties include the following:
- License suspension or revocation
- Required substance abuse treatment
- Installation of an ignition interlock device
- Driver’s license reinstatement fees
- Points added to your driving record
The severity of penalties depends on various factors, such as:
- Your blood alcohol content level
- The number of any prior DUI convictions you have
- Whether you caused any accidents or injuries due to driving while impaired
How to Request a DPS Administrative Hearing
You can request a hearing through Service Oklahoma. You must submit a written request to the Department of Public Safety (Service Oklahoma) within 15 days of receiving notice of the suspension. You can send your request by mail or in person.
DPS will notify you of the hearing date and time. Staff may explain what you need to bring to the hearing. An experienced criminal defense attorney can help you prepare for the hearing.
Your OKC DUI defense attorney can present evidence and legal arguments at the hearing to challenge the driver’s license suspension. Your lawyer can also present witnesses on your behalf and cross-examine witnesses presented by the other side.
If your challenge to the suspension is successful, your license will be reinstated. If you’re not successful, you have several options:
- Appealing the case
- Accepting the suspension
- Requesting a hardship license
- Completing other requirements to have your driver’s license reinstated, such as attending an alcohol education program
How Long Is Your License Suspended for DUI in Oklahoma?
If you’re wondering, “How long is a DUI license suspension in Oklahoma?” you’re not alone. Driver’s license suspension periods vary from one case to the next. The potential license suspension period is affected by factors such as:
- Whether this is your first offense or if you have prior convictions for DUI
- Whether the arrest was due to having a BAC over the legal limit or because you violated the implied consent law
- Your blood alcohol concentration level
In general, possible suspension periods are:
First DUI Offense
A first-time DUI offense typically results in a six-month suspension. However, if you refuse the chemical test, the suspension period might be for one year.
Second DUI Offense
A driver’s license suspension period of one year is often imposed if a person is convicted of a second DUI offense within ten years. Subsequent refusals in violation of the implied consent law can also lead to longer driver’s license suspension periods.
Third DUI Offense
By the third offense, the court will see you as a habitual offender. The threat to public safety is greater, so the penalties are more severe. Your driver’s license may be suspended for up to three years. You may also be subject to long-term use of an ignition interlock device.
License Suspension vs. Revocation: What’s the Difference?
A driver’s license suspension is a temporary denial of driving privileges, while a revocation is a complete termination of driving privileges. To have your license reinstated after a suspension, the process is more straightforward, provided that you complete the necessary courses and pay reinstatement fees.
When DPS revokes your license, you will have to go through a long and tedious formal process to have your driving privileges reinstated so you can reapply for a new license.
Whether you’re facing license suspension or revocation, it’s essential that you work with an experienced criminal defense lawyer in OKC who can protect your legal rights and challenge the suspension.
What Are the Legal Defenses to Prevent a License Suspension?
You may have several viable defenses to the license suspension and the underlying DUI arrest. An experienced criminal defense attorney can raise possible defenses, such as:
- There was no reasonable suspicion for the stop.
- Police conducted a search without a search warrant or probable cause in violation of your Fourth Amendment rights.
- The breathalyzer machine was not calibrated correctly.
- Law enforcement did not perform field sobriety tests correctly.
- You have a medical condition that affects how your body absorbs alcohol.
Can You Get a Temporary or Hardship License?
Oklahoma law provides an option for individuals who need to drive to work or complete necessary household duties if a complete loss of driving privileges would cause an undue hardship. They may be able to apply for what is known as a hardship or modified license. While on this restricted license, you can only go to and from the places indicated, such as work, school, church, and doctors’ appointments.
To be eligible for a hardship license, you must be able to show how not having a license at all would cause an undue financial burden on you and your family. You must not have been convicted of a previous drug or alcohol-related offense in the past five years, and you must not have been granted a hardship license within the past five years.
What Happens If Your License Gets Suspended Anyway?
If your driver’s license is ultimately suspended despite your attorney’s valiant efforts, you may be able to have it reinstated by following these steps:
- Completing any court-ordered programs, such as drug and alcohol treatment, a defensive driving course, or other educational classes
- Paying all required fees, including license reinstatement fees
- Completing the Impaired Driving Accountability Program (IDAP) from the Oklahoma Board of Tests for Alcohol and Drug Influence
- Submitting proof of insurance, including SR-22 insurance
- Installing an ignition interlock device
We can help with the Oklahoma driver’s license reinstatement process.
Steps to Take If You Want to Fight a License Suspension
If you want to protect your driving privileges, you must take immediate legal action. Contact Service Oklahoma and request an administrative hearing. Remember, you only have 15 days to do this.
Then, contact an experienced criminal defense lawyer from Fassio Law. We can help challenge your suspended license in Oklahoma and provide legal representation in your DUI case. Contact us today for a confidential consultation.
We represent clients throughout Edmond, Mustang, Norman, Reno, Yukon, and Oklahoma City.
Related: How to Get a Hardship or Modified Driver’s License After a DUI in Oklahoma
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
