I received a DUI in Arkansas 5 months ago and now Oklahoma DPS is revoking license for another 6 months. Anything I can do?

Asked almost 4 years ago - Broken Arrow, OK

I am an Oklahoma resident. This was a first offense DUI and happened in Arkansas. The court required me to install an ingition interlock device for 6 months, take a defensive driving course, and complete 12 hrs of level 1 Alcohol course. I am a month away from finishing all requirements and I got a letter today from OK DPS stating that they are revoking my license starting in Febuary for 6 months and that I need to attend an ADSAC assessment and complete the requirements they give me. I have already done all of this and having to go through everything again as if I have 2 DUI's. Is there anything I can do to avoid duplicating my punishment?

Additional information

Update: Thank you both for your time and responses as they are both very helpful. This is so much clearer now than it was back when I went through everything with AR court and DPS. I was made to believe it was necessary to immediately get an interlock device to continue my driving privelages when in reality, it sounds like this wasn't necessary as long as I didn't travel in AR for 6 months. I thought I was fulfilling obligations to both AR and OK but was only completing AR requirements. OK mailed my license back to me early on but I didn't think anything of it because I was still blowing into this dang interlock everywhere I went. I guess I will just have to enjoy my little interlock device and additional cost associated for 11 months vs. 6 (there is about a month overlap). Again thank you for the information, I wish there were more info out there on this for other unfortunate OK residents that are cited for DUI in AR.

Attorney answers (2)

  1. Sonja R Porter

    Contributor Level 12

    2

    Lawyers agree

    1

    Answered . If you are being revoked by Oklahoma because you took a conviction in Arkansas (which is the only reason they should be revoking in this matter), then the only way to undo it is to undo the conviction in AR.
    To explain: AR had no authority to revoke you OK-issued license, only your privilege to drive in AR. Because of an Interstate License Compact, AR was required to notify DPS of the conviction. And OK law states that a conviction for DUI requires mandatory revocation for 6 months along with the requirements you mentioned.
    If you did not receive a conviction, then it is possible that AR relayed incorrect information. The letter should state the reason for the revocation. If you disagree with the reasons stated, send in a written request for a hearing as soon as possible as you only have 30 days to do so.

  2. John Hunsucker

    Contributor Level 13

    1

    Lawyer agrees

    1

    Answered . To answer your question, there is a chance that the requirements that you have completed may be able to be used to satisfy some of the requirements here . Sonja is right as far as why they are doing it and how to fix. It may be posssible to get you a modified license to allow you to drive during the Oklahoma revocation but it will require an ingition interlock in your vehicle during that time. Unfortunately, the time you have already had it installed doesn't count towards the new time.

    You should be able to request a modified license yourself from DPS without a lawyer. Also, take your course completion paperwork and alcohol assessment with you to see if they will count that towards reinstatement at the end of the 180 days. If you have any questions, feel free to shoot an email to my office manager Melanie at Melanie@okdui.com and she can guide you a little.

    Good luck

    John Hunsucker

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