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 and unexpired, the affidavit will serve as a temporary driver’s license for 30 days. Request a hearing within 15 days of receiving the affidavit, and the DPS should send you your original license back in the mail.
At the administrative hearing, you may present evidence and testimony relating to why the DPS should not revoke your driver’s license. The DPS will make a decision and you or your attorney will receive an order either reinstating your driving privileges or sustaining the license revocation. You may appeal a DPS license revocation with the court.
Modified License
If you decide not to request an administrative hearing or miss the deadline, you may seek a modified driver’s license from the DPS. A modified driver’s license replaces your original license. You can use it to drive a noncommercial vehicle, but that vehicle must have an ignition interlock device installed. The modified license costs $175.00 plus the cost of installing and maintaining the ignition interlock device.
A driver who participates in an administrative hearing cannot receive a modified license, and the DPS will not issue one to him or her. If you request an administrative hearing but decide before the hearing that you want a modified license instead, contact the DPS to get the modified license prior to the hearing date.
Note that you cannot apply for a license renewal or a replacement license while your seized driver’s license is in the custody of a law enforcement officer or the DPS. If you do, it is a misdemeanor in Oklahoma, and you could receive up to 6 months in jail. See 47 O.S. Section 6303(G). Instead, you can apply for an identification card from the DPS or follow the steps described above.
To learn more about administrative hearings and license modifications in DUI cases, seek out the DUI attorney who follows key changes in Oklahoma law to find the best defenses for his clients. 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, 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.