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Oklahoma Driver's License Penalties

Posted by attorney John Hunsucker

Oklahoma Driver's License Penalties

Refusing to take a breath test or blood test or testing a BAC of .08 or more will result in a license suspension of 180 days if you have not had any other revocations in the preceding ten years. This revocation can be contested (and perhaps prevented) by requesting an administrative hearing within 15 days of receiving notice that you tested over the legal limit or refused to take the State's test. This notice is contained on the Officer's Affidavit that you were given at the jail and thus, the date is generally the same as the DUI or APC arrest date. If you submitted to a blood test as the State's test, then the 15 days does not start until receiving notice that the test showed a BAC over the legal limit.

This request is made to the Department of Public Safety and there are no waivers of the 15 days to file. If you lose your license, this revocation may be modified usually resulting in operator's driving privileges 24 hours a day. 7 days a week as long as the vehicle is equipped with an ignition interlock device. If you are required to drive company vehicles during work hours, depending on the circumstances, an ignition interlock device may not be required for you to operate those vehicles. This is the only option for driving privileges during the revocation period. Oklahoma no longer provides for a "work permit", only modified licenses.

If you have had prior revocations within the preceding five years, the revocation period will be for either 1, 3, or 5 years depending on prior revocations. These revocation periods are not modifiable meaning you cannot get any type of driving privileges during the period of revocation. Your only option to drive legally is to win the DPS hearing and avoid a DUI conviction.

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