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revocation 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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08 February
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Impaired Driving Elimination Act Violates Due Process, Court Says

Posted by Clint
in Blog
Impaired Driving Elimination Act Violates Due Process, Court Says

The Oklahoma Supreme Court has declared that the newly enacted Impaired Driving Elimination Act is unconstitutional. Due to go into effect on November 1, 2017, the Act would have virtually eliminated the administrative hearing process for revocation of driver’s licenses, would have made refusal of a breath test illegal, and would have expanded use of ignition interlock devices. A group of Oklahoma attorneys challenged the Act in court last summer, and the court halted implementation of the Act while the legal challenge was pending. Just recently, the Oklahoma Supreme Court issued its ruling declaring that the Act violates due process and...

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09 October
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New Oklahoma Law Alters License Revocation Process, Makes Breath Test Refusal Illegal

Posted by Clint
in Blog
New Oklahoma Law Alters License Revocation Process, Makes Breath Test Refusal Illegal

A sweeping new Oklahoma law will substantially affect the rights of drivers arrested on DUI charges. In early June, Oklahoma Governor Mary Fallin signed the law and then quickly issued an executive order that contradicts some of the law’s provisions. Now a lawsuit questions its constitutionality and critics warn of future problems for those charged with DUI. The new law, referred to as Senate Bill 643, makes three important changes to existing law. First, it will be illegal for drivers suspected of driving under the influence to refuse a breath test. Breath test refusal will be a misdemeanor, punishable by a...

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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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21 August
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Oklahoma’s Penalties for Repeat DUI Offenders

Posted by Clint
in Blog
Oklahoma's Penalties for Repeat DUI Offenders

Repeat DUI offenders face additional penalties and prison time in Oklahoma. A second or third offense can result in many years in prison along with treatment and community service. See 47 O.S. § 11-902. This article explains what you can expect. Second Offense                        If you commit a second DUI within 10 years of completing a previous DUI sentence or while you are on probation, you will be charged with a felony and may face one to five years in prison, a $2,500 fine, substance abuse assessment and evaluation, and/or driver’s license revocation. If your previous DUI was within five years, your...

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