Commonly Asked Questions About Drivers Licenses & DUI’s
Q: Will I lose my license automatically?
A: A person who is arrested for DUI/APC only has 15 days to request a hearing to save the license. Failure to request the hearing in time will result in an automatic revocation of the license 30 days from the date of arrest.The only exception is for those who were given a blood test instead of a breath test (or because they blew .05 or less). These folks have to wait for DPS to notify them. You can also lose the license automatically if you are convicted of the DUI/APC.When I called DPS about a hearing, someone told me that I could have a modified license instead which will let me drive. Is this true? Yes and No. It is true that you can apply for a modified license without having to have a hearing. And many will choose this not realizing that a modified license is actually a modified revoked license. In addition, DPS can deny the request for a modified license.
Q: A: Q: I’ve heard you can’t win the DPS hearings unless the officer fails to appear. Is it true?
A: False. While the easiest “win” comes when an officer fails to appear, it is possible to win even when he does. A DUI defense attorney knows what the officers are supposed to do and not do. They also understand the system and the process involved in trying to save your license. And every so often these hearings result in winning back the license. If the license is not won at the DPS hearing, the decision can be appealed to a district court judge where there is also a chance of winning the license back.
Q: Can I get a work permit if I lose my license?
A: Oklahoma does not have “work permits” and the laws for a “hardship license” do not apply to licenses revoked for DUI’s/ APC’s. The modified license is the only means to allow you to drive, which means you have to have an ignition interlock in any car you drive. Be aware that a CDL cannot be modified. Only Class D Privileges.
Q: How long will I lose my license for?
A: Depends if the history of the individual. Also, CDL’s are treated differently than regular Class D’s. For Class D privileges: 1st Revocation is for 18 months; 2nd* is for 1 year; 3rd* is for 3 years. (*within a 10 year period) For CDL’s: 1st is for 1 year; 2nd (ever) is for disqualification for life.
Q: First I got my license back because the officer didn’t show up, but after I pled guilty to the DUI charge, I got a letter from DPS saying that my license as been revoked. I got probation. How did I lose my license?
A: If your plea resulted in a suspended sentence, that is a conviction, which will result in the automatic revocation of your driver’s license.
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