In Oklahoma, it is against the law to operate a motor vehicle while under the influence of alcohol and/or drugs. If you are charged with driving under the influence (DUI) in OKC, you may face serious criminal consequences. In addition, your driver’s license may be suspended in a separate administrative proceeding.
If you have been arrested for DUI, then your license will be automatically suspended – unless you request an administrative hearing with the Oklahoma Department of Public Safety (DPS) within 15 days of your arrest. By filing an appeal, you may be able to have the administrative suspension lifted pending the outcome of your criminal case. A seasoned OKC DUI attorney can help you with the process.
At Singleton Defense, we aggressively advocate for people who have been charged with all types of criminal offenses, including DUI. We work hard to help our clients achieve the best possible outcome for their case. Reach out today to schedule a free case evaluation with a member of our team.
Will My License Be Suspended After a DUI?
When you are arrested for a DUI in Oklahoma, there are two separate legal cases. First, you will be facing charges in criminal court for driving under the influence. Second, there is an administrative action with regards to your driver’s license, heard by the Oklahoma DPS.
A DUI arrest triggers an automatic license suspension that goes into effect 30 days after the date that you were provided a notice of suspension or revocation. When you are placed under arrest for a DUI, the arresting officer will typically confiscate your driver’s license and issue a temporary driving permit that is good for 30 days. If you submitted to a blood test at the time of your arrest or if you were suspected of a DUI of drugs, then the suspension will typically not go into effect until after the test results have been returned and you have received notice of the suspension.
Once your license has been confiscated, you have just 15 days to request an administrative hearing. It is very important that you request a hearing within this time frame. If you fail to do so, then your license will be administratively suspended – even if you are ultimately not convicted of the crime of DUI.
How Can I Challenge a DUI License Suspension in OKC?
If you are arrested for a misdemeanor or felony DUI in Oklahoma City, then you will need to file an appeal as soon as possible. Remember: if you do not request a hearing with the Oklahoma DPS within 15 days, then your driver’s license will automatically be suspended for a period of time (based on factors such as whether you have prior DUI convictions on your record).
Once a request for an administrative hearing has been received by DPS, then the suspension will be placed on hold until the hearing is held. During this time, you will have the same driving privileges that you had before your DUI arrest. Typically, the hearing will be set within 3 to 9 months of an arrest.
If you challenge a DUI license suspension in OKC, you do not necessarily have to appear at the hearing if you hire a criminal defense lawyer. Instead, your attorney can appear on your behalf. However, if no one shows up for the hearing, then the license suspension will be upheld. Similarly, if the arresting officer or the officer who performed the chemical test fails to appear, then the suspension will likely be set aside.
During the hearing, an administrative hearing officer (an employee of DDPS) will hear testimony and review evidence. To uphold the administrative suspension, the hearing officer must find that the officer had probable cause for making contact with the driver, probable cause for the arrest, that the officer informed the driver of Oklahoma’s implied consent law, and that there is evidence of either a valid refusal or a test administered in accordance with OK law. Their final determination will typically be made within 2 to 3 weeks of the hearing and sent by mail.
If you succeed at this level, then your license will not be suspended by DPS. However, you will still have to deal with the criminal aspect of the charges. If you are convicted of a DUI, then the court will impose a license suspension as part of your sentence.
If DPS upholds the suspension, then you have a right to appeal the decision to the District Court in the county where the arrest occurred. To appeal a DUI license suspension in OKC, you will need to file a petition in the Oklahoma County district court within 30 days of the notice of the DPS decision. You will also need to pay a filing fee and post a bond with the County Clerk.
The Court will then set a hearing date. At the hearing, each party will have the opportunity to introduce evidence and make arguments before a judge. The court will then make a decision to either set aside the license suspension or revocation or sustain (uphold) it. If the suspension is upheld, you can request a modification so that you can legally drive with an ignition interlock device installed in your vehicle.
Do I Need a Lawyer?
You are not required to hire an attorney to challenge a DUI license suspension. However, because these cases often turn on technicalities, it is often a good idea to be represented by counsel. An OKC DUI attorney can also make sure that your request for a hearing and appeal to the district court (if necessary) are filed in a timely manner.
There are a number of potential defenses to a DUI charge in Oklahoma. Many of these same defenses can be used by your lawyer during a challenge to DUI license suspension. These hearings are also a good preview of the state’s case against you.
Defenses to a DUI license suspension are very fact-specific. For example, if you submitted to a chemical breath or blood test after being arrested for a DUI, DPS has the burden of proving that those tests were taken in accordance with the rules. If the officer who administered the test did not follow the rules – such as by not observing you for 15 minutes prior to a breath test – then the suspension will likely be dismissed.
Alternatively, the arresting officer may not have had probable cause to pull you over or to arrest you for a DUI. A skilled OKC DUI lawyer will carefully examine the facts of your case, analyze your charges in light of Oklahoma DUI laws, and then put together a strong defense for your case. These arguments can be used in both administrative and criminal actions.
Facing DUI Charges in OKC? Give Our Law Firm a Call Today.
If you have been charged with a DUI in Oklahoma City or the surrounding areas, you will need an aggressive criminal defense lawyer. Not only can DUI charges result in jail time, but if you don’t act quickly, your ability to drive will be immediately affected. Filing a request for a DPS hearing can give you time to challenge a DUI license suspension.
Singleton Defense represents individuals who have been charged with all types of crimes. We work hard to protect your rights and your freedom. To learn more or to schedule a free consultation, call our law office at 405-510-0345 or fill out our online contact form.
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