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administrative hearing Tag

Can You Lose Your Driver’s License for Good Because of DUIs?

Can You Lose Your Driver’s License for Good Because of DUIs?

If your Oklahoma driver’s license is revoked because of a DUI charge, you could lose your driving privileges for good. To be able to legally drive again, you must meet several different Department of Public Safety (DPS) requirements. First Step: Challenge the Revocation at an Administrative Hearing You have only 15 days from the time your license is seized by the arresting officer to request an administrative hearing with the DPS. The officer should give you some paperwork notifying you of how to request a hearing (or you will receive the paperwork shortly after your arrest). The 15 days runs from when...

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Oklahoma Hardship Drivers’ Licenses: What You Need to Know

Oklahoma Hardship Drivers’ Licenses: What You Need to Know

When your driver’s license gets suspended or revoked because of a DUI arrest or another reason, you may have grounds to get a hardship driver’s license. A hardship driver’s license is called a “modified license” or “hardship permit” by the Oklahoma Department of Public Safety. It allows you to drive to and from specified places while your regular driving privileges are still suspended. A hardship permit gives you permission to drive only to a few places. You cannot run errands or go visit relatives unless someone else drives. You can drive to a few places specified on the permit, which could...

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4th of July DUI? Your Options and What to Do Next

4th of July DUI? Your Options and What to Do Next

Unfortunately, police arrest many drivers on the Fourth of July or other major holidays for suspected driving under the influence of alcohol or drugs. If you were among them this most recent holiday, you probably have many questions and concerns for the future. What should you do first? If you were arrested in Oklahoma, you only have a short time to contest your driver’s license revocation. You need to immediately request an administrative hearing with the Department of Public Safety. Take a look at the paperwork you received from the police officer when you were pulled over or later from the DPS....

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Could You Lose Your Driver’s License Because of a Drug Charge?

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. §...

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Impaired Driving Elimination Act Violates Due Process, Court Says

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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Which to Choose: Administrative Hearing or Modified Driver’s License?

Which to Choose: Administrative Hearing or Modified Driver’s License?

During your arrest on DUI charges, an Oklahoma police officer seized your driver’s license. You still need to drive to get around town, but you are not sure how or if you can get your license back. Do you need to apply for an administrative hearing or request a modified driver’s license? If you want to continue driving, the answer is yes. Administrative Hearing Drivers who have their licenses seized may get them back quickly if they request administrative hearings with the Department of Public Safety. You will receive the police officer’s affidavit regarding the license revocation. If your license was valid...

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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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