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DUI/APC, CHEMICAL TESTS

&

YOUR DRIVERíS LICENSE

We have included this topic in the "Punishment" section of this web site. Although the Supreme Court of Oklahoma has defined it as "remedial" and not punishment, few people DO NOT find the revocation - and the requirements to reinstate - of their driverís license as some of the most severe punishment that is related to their DUI/APC arrest.

When you are arrested for a DUI or APC, you will be asked to submit to a chemical test. In most instances, it will be a breath test. Occasionally, the officers will request that you take a blood test. If you fail (a .08 if you are 21 years old or older; .02 if you are UNDER 21 years old) OR refuse the chemical test, the officer will seize your driverís license. The Department of Public Safety ("DPS") will receive from this officer what is called an "Officerís Affidavit" that reflects this failure or refusal of the test. A copy of this affidavit will be given to you to use as your driverís license for thirty (30) days after the arrest.

The DPS will revoke the license for a period of time from six (6) months to three (3) years, depending upon your prior record. If it is the first time that this has happened to you in the past ten (10) years, it will be for six months. If it is the SECOND time in the past ten years, it will be for one (1) year. Any person who has had this occur to them two or more times within the past 10 years will have the license revoked for three (3) years!

Only a 6 month revocation can get a "work permit" or a modification. There is no way, at all, that a person whose license has been revoked for 1 year or 3 years to get ANY driving privileges during this revocation period! And, only Class D licenses can get these modifications! To get a "work permit" or modification, you must pay $150 to the DPS and install an "ignition interlock" or breath machine in any car you might be driving.

The ONLY way to avoid this revocation is to request a hearing with the DPS within fifteen (15) days of the arrest. If you miss this deadline, you can not get it back. Once the hearing is set, you must WIN IT to avoid the revocation. These are called "Implied Consent Hearings" and are very difficult to win. Indeed, many attorneys will tell their clients that these CANíT be won. Of course, that is not true. Mr. Sifers has won thousands of them for his clients.

Another way that the personís license can be revoked as a result of this DUI or APC is upon a conviction of the offense. If the revocation does not occur from the issue of the chemical test, a conviction can revoke it for the same length of time. A personís license can not, however, be revoked TWICE for this event. The revocation occurs for one or the other but not both.

REMEMBER: If the revocation occurs, it will go onto your driving record and it will be there for - not three or five years, but - for the rest of your life!!

WHAT DO YOU DO FOR A PHOTO ID WHILE

THE STATE

HAS YOUR DRIVER'S LICENSE SEIZED?

Once a persons has his/her driver's license taken in a DUI arrest, he/she usually has NO photo identification card to use for cashing checks, getting upon airplanes, and/or ANY other activity which was taken for granted prior to the loss of the license.  He/she becomes painfully aware that the license was used FAR more frequently for identification purposes than to prove that he/she had the privilege to drive. 

However, there is an option of which most people are not aware.  It is a state issued identification card. Although these will NOT substitute for a driver's license (you will receive a temporary, paper license to use to drive pending the outcome of the Implied Consent Hearing - see above - if your license was valid at the time of the arrest), this state issued ID card can be used for all the OTHER things for which you used your driver's license prior to this arrest. 

How do you get one of these??  These are obtained at the same places that you can obtain a driver's license:  the main DPS office at Martin L. King and N.W. 36th in Oklahoma City, OR any DPS sub-station or examiner's office.  If you go to the main office in OKC, you can walk away with one in a single stop.  If you to an examiner's office, you will have to take the form that you receive THERE to a tag agency to receive the ID card. 

What do you need to take to these places to receive one of these ID cards? 

SEE Oklahoma Department of Public Safety for a list of things that can be used to satisfy the DPS to issue you one of these cards.  You MUST have at least ONE (1) of the items in the "Primary Proof of Identification" list AND ONE (1) of the items in the "Secondary Proof of Identification" list.  You may ALSO satisfy these requirements with TWO (2) items from the "Primary Proof of Identification" list.  The application is completed for you by the DPS employee.  The ID card will cost you $10.00.

Our office STRONGLY encourages you to obtain one of these ID cards so as to eliminate the inconveniences and problems that go along with being without your plastic driver's license.

 For more information, go to our DUI Home Page.

 

 

 

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