Could You Lose Your Driver’s License Because of a Drug Charge?
Drug-related charges have consequences that not everyone expects. For example, a charge of driving under the influence of drugs, alcohol, or both results in revocation of your driver’s license unless you challenge the revocation within 15 days. Further, a charge of drug possession likely will result in license revocation.
A “DUI” crime in Oklahoma includes not only driving while intoxicated by alcohol, but also driving while under the influence of any intoxicating or controlled substance. This may include prescription drugs and controlled dangerous substances (illegal drugs). Using any amount of an illegal drug while driving is a crime. 47 O.S. § 11-902(A)(3). For drivers using drugs that are not illegal, whether they commit a crime depends on whether they were “incapable of safely driving a motor vehicle.” 47 O.S. § 11-902(A)(4).
Drivers charged with DUI will have their licenses revoked within 30 days, unless they request an administrative hearing with the Department of Public Safety within 15 days. At the hearing, a driver can challenge the grounds for revocation and potentially not have his license revoked. Alternatively, the drive can seek a modified license for driving only to work and school. Note that the hearing is a separate process from challenging any criminal charges filed against the driver.
After your driver’s license has been revoked and the suspension period has passed, getting it reinstated is a long process. You will need to satisfy any requirements from the court and pay court fines. For example, if you were sentenced to complete a treatment program or to serve jail time, you will need to finish those before getting your license back. You may have to complete a drug and alcohol assessment and install an ignition interlock device, depending on the charges against you. Next, you will need to obtain an SR-22 form from your insurance company and provide it to the Oklahoma Department of Public Safety. The DPS will require you to pay processing and reinstatement fees.
Drug charges can result in driver’s license revocations, so be aware of your rights and the process for getting your license back. Contact a licensed attorney today if you need assistance while facing charges for a drug-related crime.
Have you been charged with a drug crime in Oklahoma? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, uses his trial experience and expert-level knowledge to defend drivers accused of drug possession. He has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.