DUI/DWI - Drivers License Revocation (Read the fine print)
October 1, 2017
Can I dispute the revocation?
Yes. You have the right to request an Administrative Hearing within fifteen (15) days of your receipt of the officer’s affidavit, or if you took a blood test, by the date specified on the Order of Revocation mailed to you by DPS. Requesting an Administrative Hearing within this time will prevent your driving privileges from being revoked until you have had a hearing with a DPS hearing officer.
IF YOU FAIL to request an Administrative Hearing WITHIN FIFTEEN (15) DAYS of your receipt of the officer's affidavit, or if you took a blood test, within the time specified on the notice, your driving privileges will be automatically revoked.
At the time of my arrest, the officer seized my driver license. Can I continue to drive? Authority: 47 O.S. Section 754
Maybe. If your driver license is seized by the officer, they are required to send the license to DPS. If the officer fails to send your license to DPS, you must contact the law enforcement agency for whom the officer works and ask them to send it to DPS.
If your driver license was seized and it was valid and unexpired at the time, the officer will indicate on your copy of the affidavit that the affidavit will serve as a temporary driver license for a period of thirty (30) days.
This temporary license authorizes you to drive for thirty (30) calendar days from the date the officer serves you with the affidavit, provided you are not suspended or revoked for some other reason. After thirty days, you may no longer drive unless you have received your driver license from DPS or you have been issued a modified driver license.
You can request a modified driver license.
If your driver license was not valid or was expired at the time it was seized, you will not receive a temporary driver license and will not be permitted to operate a vehicle until you obtain a valid driver license.
How do I get my Driver License back?
If your driver license was seized by the officer and sent to DPS, and if you request an Administrative Hearing within fifteen (15) days of your receipt of the officer’s affidavit, your original, valid and unexpired driver license will be returned to you at the mailing address on file with the Department. If you have moved and did not update your address, you may not receive your license.
What is an Administrative Hearing? Authority: 47 O.S. Section 754
An Administrative Hearing is your opportunity to present testimony and evidence to a DPS Hearing Officer about why your driving privileges should not be revoked. These Administrative Hearings are conducted by telephone.
The Administrative Hearing only relates to whether or not your driving privileges will be revoked by DPS; it has nothing to do with your criminal case or whether you are innocent or guilty of the criminal act of Driving Under the Influence.
What happens after the Administrative Hearing?
After the Administrative Hearing, you or your attorney will be mailed an order either sustaining or setting aside the revocation of your driving privileges. If the revocation is set aside, your driving privileges will not be revoked and there is no further action required. If the revocation is sustained, your driving privileges will be revoked. If the revocation is sustained, you may appeal this decision to the district court in the county where you were arrested.
If you’re looking for an attorney in Garfield County or surrounding areas, contact Eric N. Edwards at Eric N. Edwards PC. 580-233-3003
Additional information can be found at https://www.ok.gov/dps/FAQs/DUI_FAQ.html.