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 Safety. Once you receive the notice, you can continue driving for just 30 days, and after that the license revocation lasts 180 days unless you win at the hearing. If you do not receive the notice right away, it should come in the mail within a few days. You only have 15 days to request the hearing, which could help you get your license back.
If you do not win at the hearing or do not request a hearing, then your driver’s license will remain revoked for 180 days or more, depending on the outcome of the DUI charges. You cannot legally drive on a public road during this time for any reason, unless you get a modified license.
In addition, the DPS can suspend your license for violating insurance laws, having excess points on your license for moving violations, or failing to notify the DPS of name and address changes.
What Is a Restricted Driver’s License?
Unlike a suspended driver’s license, a restricted or “modified” driver’s license does allow you to drive under certain circumstances. You can receive a modified driver’s license while your license is revoked, suspended, or denied if you have no other “adequate means of transportation”. The Department of Public Safety only issues modified or restricted licenses to people with extenuating circumstances – they can show that they must drive to get to school, work, or other important locations.
Most often, the DPS requires that people install ignition interlock devices on their cars if they want to drive with modified driver’s licenses. People who need these licenses generally are facing DUI charges, so the ignition interlock is intended to prevent further drinking and driving.
As mentioned above, people with restricted licenses can only drive to certain places, such as work, school, the grocery store, or childcare locations. In addition, the licenses may have limitations on when they can be used (during the daylight hours, for example).
Need to challenge your DUI charge? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, assesses his clients’ best options for defenses and sentencing. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.