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Overview of Oklahoma DPS Actions

Posted by attorney John Hunsucker

Overview of Oklahoma DPS Actions As part of the DUI prosecution against you, the State will initiate a civil action against your driving privileges. This action is completely seperate from your criminal case and they do not affect each other with only one exception to be explained. The issue at DPS is whether the test was completed according to the Oklahoma Board of Tests rules and regulations or if your refusal was valid under the same rules. If the BOT rules were not adhered to, the revocation would be set aside and your license returned.

It is possible to get a DUI dismissed or be found not guilty of DUI and still lose your license. However, the one exception of where the two separate matters affect each other is where the license revocation is set aside and you got your license back but you are convicted of DUI, DPS will suspend your license based on the DUI conviction. There is only one license suspension per DUI arrest, but the government gets two chances to take your license.

Regardless of the driver's age, the driver has 15 days from the date the Notice of Revocation is served to request a hearing. If no hearing is requested, the suspension automatically goes into effect on the 30th day after notice was served. If the individual requests a hearing, the temporary driving permit remains in effect until the date of the final decision of the administrative law judge. The driver is required to pay a fee to reinstate the license after the suspension period expires. The length of the revocation can be anywhere from six months to three years depending on your prior history.

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