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Oklahoma DPS Administrative Hearings Print E-mail

If you are arrested for a DUI, DWI, or APC in Oklahoma your license could be suspended. Depending on prior convictions, suspension can last anywhere from six months to five (5) years. You have 15 days from the date of the arrest to request an administrative hearing with the Oklahoma Department of Public Safety (DPS) and potentially avoid this suspension. There exist no exceptions to the 15 day rule. If the request for a DPS administrative hearing is not made within the fifteen days following the arrest, the driver will automatically lose their driving privileges on the 31st day after the notice of arrest was served. If an administrative hearing is requested, a temporary driving permit remains effective until a final decision is made in the DPS administrative hearing.

Oklahoma DPS Administrative Hearing Overview

The DPS administrative hearing is completely separate from an individual’s criminal DUI, DWI, or APC case. Specifically the DPS administrative hearing is a civil hearing to determine driving privileges regarding your license. At the hearing, DPS will determine if tests, or the driver’s refusal to tests, were conducted according to the Oklahoma Board of Tests (BOT) rules and regulations. If you receive your driver’s license back from the DPS hearing, but are then convicted of a DUI in the criminal court, your license will be suspended again based on the conviction. Conversely, a driver may be dismissed of DUI charges in criminal court, but found guilty in the DPS administrative hearing and still have their license suspended.

Oklahoma Modified License

The Oklahoma Department of Public Safety no longer provides a work or restricted driver’s license permit for suspensions greater than six (6) months. However, individuals can usually obtain a license modification (modified license) for suspensions of six (6) months or less. In all cases where modifications are permitted, the driver resumes normal driving privileges as long as an ignition interlock device is installed in their vehicle.

Contact Swift & Watkins, PLLC Oklahoma DUI, DWI, and APC Attorneys

If your driver’s license has been suspended or revoked in Oklahoma due to a DUI, DWI or APC related event, it is important to speak to an experienced defense attorney immediately. Don't risk losing your license or your freedom. If you or a loved one is in need of an experienced Oklahoma DUI defense attorney get the legal support you need and contact Swift & Watkins DUI, DWI, and APC defense attorneys today for a free consultation at (918).295.8282.

 

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