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revoke Tag

04 April
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What If You Get a DUI While Your License Is Suspended?

Posted by Clint
in Blog
What If You Get a DUI While Your License Is Suspended?

If you get a DUI in Oklahoma while your license is suspended, you could be charged with an additional crime that comes with more penalties. Your license could be suspended for many different reasons, but all will lead to fines and potentially prison time if you drive while intoxicated and with a suspended license. What Are the Penalties for Driving with a Suspended License and DUI? If you are caught driving with a suspended license and also appear intoxicated, you may be arrested both for the suspended license violation and a suspected DUI. The law enforcement officer will probably have you take...

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02 April
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What Is the Difference Between a Suspended License and a Restricted License?

Posted by Clint
in Blog
What Is the Difference Between a Suspended License and a Restricted License?

If your driver’s license is suspended or restricted in Oklahoma, you may wonder if you can ever drive your car and when. These two license designations have very different meanings that are important to understand. What Is a Suspended Driver’s License? When a driver refuses a breath or blood test, fails a roadside test, or is arrested for DUI, law enforcement may revoke that person’s license. The law uses both the words “suspend” and “revocation”. Usually, the arresting officer will seize your license and give you a receipt and notice of your right to request an administrative hearing with the Department of Public...

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30 April
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The Erin Swezey Act and Ignition Interlock Devices

Posted by Clint
in Blog
The Erin Swezey Act and Ignition Interlock Devices

The Erin Swezey Act imposes strict penalties requiring ignition interlock devices for people convicted of driving under the influence. The Act went into effect in 2011 and is named after an Oklahoman killed by a drunk driver. An ignition interlock device prevents a driver who has consumed a certain detectable level of alcohol from operating a motor vehicle. Generally, the devices have a small spout that drivers blow into and a screen shows whether the driver has exceeded the blood alcohol limit. If so, the driver cannot start the car. Usually there is a waiting period before the driver can try...

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17 November
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The Interstate Driver’s License Compact

Posted by Clint
in Blog
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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29 September
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The Driver’s License: A Privilege or a Right?

Posted by Clint
in Blog
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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24 July
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The Effect of a DUI on Your Oklahoma Commercial Driver’s License

Posted by Clint
in Blog
The Effect of a DUI on Your Oklahoma Commercial Driver's License

Being charged or convicted of a DUI while holding a commercial driver’s license could cost you your license or even your job. To obtain a commercial driver’s license or CDL, you must pass a test and meet higher state-established standards than holders of non-commercial licenses. Similarly, the federal government has established higher standards than some states for when a commercial driver loses his license after a DUI. The Federal Motor Carrier Safety Administration sets minimum standards that holders of CDLs must meet. States perform the practical administration of applications, renewal, and reinstatement of CDLs and may set even higher standards for...

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23 June
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Refusing to Take a Sobriety Test in Oklahoma

Posted by rainmakeradmin
in Blog
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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