How can OK DPS make a person have a IID two separate time for the same DUI?

Asked over 1 year ago - Sallisaw, OK

My husband got a DUI in 2010 had an IID for 3 yrs, took the classes and did the VIP.. Now he's going tomorrow to the DPS but when he called Tuesday they told him he'd have to do another year with an IID, 2 yrs probation and check in with them(DPS) every 6 mos. Isn't that like a double jeopardy kind of thing?

Attorney answers (2)

  1. John Hunsucker

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Based on your post, i am guessing this is what happened from the information provided. If your husband was suspended for three years, then he would of have to of had two prior license suspension for DUI or drugs within the previous 10 years. (A first time suspension only carries 180 days and a second suspension carries 1 year DL suspension and the three year suspension is for third or more revocations). As it was a third, OK DPS deemed him a '"Excessive User' which required the additional time. He must also show that he has been alcohol free for one year or they will refuse the reinstatement also. Unfortunately, double jeopardy applies to criminal cases and the license processes are civil cases so it doesn't apply.

    Answers to AVVO questions are for general purposes only and do not establish an attorney-client relationship.... more
  2. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    Answered . Consult with a locally experienced DUI attorney. Most will offer a free consultation. Good luck.

    Jasen Nielsen

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