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driver’s license Tag

The Interstate Driver’s License Compact

The Interstate Driver’s License Compact

Like many other states, Oklahoma has enacted the Interstate Driver’s License Compact. The Interstate Driver’s License Compact (IDLC), 47 O.S. 781 et seq., is an agreement adopted by states who want to exchange information about license suspensions and traffic violations to other states in the U.S. Because each state has its own system for recording and tracking license suspensions and traffic violations, they do not communicate driver’s records to each other unless they have the IDLC in place. The IDLC gives states the power to communicate an out-of-state driver’s offenses to his home state. The home state then may treat the...

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The Driver’s License: A Privilege or a Right?

The Driver's License: A Privilege or a Right?

Holding a driver’s license has been called both a privilege and a right. The Supreme Court weighed in on driver’s license revocation hearings and related issues in two cases from the 1970s. In the case of Bell v. Burson, 402 U.S. 535 (1971), the Supreme Court determined that an administrative driver’s license revocation must involve a determination of whether there is a reasonable likelihood that the driver will be found liable for the offense. In other words, a long-term (not temporary) license revocation because a driver might have committed a crime cannot be automatic. If it is truly automatic and does...

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The Oklahoma Aggravated DUI

The Oklahoma Aggravated DUI

Oklahoma law includes a criminal charge for aggravated driving under the influence, which carries additional penalties and fines to a standard DUI charge. You may be charged with an aggravated DUI if your breath or blood test shows a blood alcohol concentration of 0.15 or more. Like the standard DUI charge, aggravated DUI is a misdemeanor punishable by ten days to one year in jail for a first offense and a fine of up to $1,000 if the case is pursued in state court. 47 O.S. § 11-902(C). In addition, a person convicted of an aggravated DUI will be sentenced to...

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Refusing to Take a Sobriety Test in Oklahoma

Refusing to Take a Sobriety Test in Oklahoma

While you may refuse to take a breath or blood test for the presence of alcohol in Oklahoma, there are consequences to refusal. The Oklahoma laws about refusing these tests specify exactly what happens if you refuse one of these two sobriety tests. First, anyone who operates a car or other vehicle on public roads in Oklahoma has given “implied consent” to taking a breath or blood test for alcohol concentration. 47 O.S. § 751. You do not have to be driving a car to give implied consent – if you are sitting in a parked car and your breath smells...

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What Happens to Your Driver’s License with a DUI Charge

If you have been charged with or arrested for a DUI, one of your first questions is probably what happens to your driver’s license. In Oklahoma, you may be able to keep your license with restrictions, but you must take action very quickly after you first have contact with the police. Read on to learn more about the effect of a DUI on your driving privileges. First, if you are 21 or older and your breath or blood test shows a 0.08 alcohol concentration or higher, the law enforcement officer arresting you will seize your driver’s license. The same is true...

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