A Better Way to Obtain Driver's License or Work Permit After DUI or Drunk Driving Arrest

A Better Way to Obtain a Driver's License (work permit) After A DUI or Drunk Driving Arrest

by Glen R. Graham - Criminal Defense Lawyer - Tulsa, Oklahoma

(918) 583-4621 http://www.glenrgraham.com

DUI Attorney, DUI Lawyer, Tulsa, Broken Arrow, Bixby, Glenpool, Owasso, Sapulpa, Sand Springs, Wagoner, Collinsville, Skiatook, Nowata, Pawhuska, Oklahoma.

     Each case is different and the specific facts and circumstances of your case may differ.  You should always consult an attorney in person before making important legal decisions which may have long term and permanent consequences that affect the rest of you life.  It is important that you be advised that this does not constitute legal advice to you and that you should contact a local attorney and take immediate actions to protect your rights under the law.  Another name for a work permit is a "modified driver's license."  Oklahoma should consider passing a statute that allows people a work permit to drive to and from work only (without an interlock) but instead uses the "modified driver's license" system which allows people to drive anywhere and not just to and from work.   *Note the same driver's license laws below apply to both drunk driving (DUI) and actual physical control of a motor vehicle while under the influence (APC) offenses in Oklahoma.

     In Oklahoma, you only have fifteen (15) calender days (NO EXTENSIONS)  to request an administrative hearing on your right to drive or driver's license  in Oklahoma from the date of your arrest.   THIS  IS   COMPLETELY  SEPARATE  FROM  YOUR  COURT  DATE!!!

     In the recent past, this 15 days may not have seemed important and you might even waive your right to a hearing thinking that you might SAVE money --- BUT THIS IS NO LONGER TRUE!!! In fact it MAY cost you more money in the long run to waive you right to a driver's license hearing.  (*It depends upon your circumstances - contact your local attorney immediately)

     The laws were changed in Oklahoma to require that everyone who either gets convicted of a DUI or tests above the limit for alcohol or intoxicating substances or refuses a breath/blood test --- must have installed in their vehicle a breath machine called an intoxilyzer which you blow into to start you car at a cost of at least $75 dollars per month --- UNLESS  you take the proper actions to request an administrative hearing on your driver's license.  Depending upon the circumstances you may be required to have the interlock installed anywhere from 6 months up to 8 years or longer at $75 per month UNLESS  you make a timely request for an administrative hearing within 15 days from the date of your arrest.

     If you request an administrative hearing on your driver's license within 15 days of the date of your arrest, then you get a FREE DRIVER'S LICENSE  without an interlock device good at least until the date of the hearing on your driver's license which may be 90 days to even 6 months or more from the date that you request the administrative hearing.

     The Oklahoma legislature in response to public pressure and lobbying passed a series of laws to get tougher on DUI offenses.  One of the new laws requires that if you fail to request an administrative hearing within 15 days or if you get convicted of a dui offense or if you lose your administrative driver's license hearing then the following may happen:

(*If request administrative hearing within 15 days from date of arrest then get FREE driver's license  without interlock device till at least date of driver's license administrative hearing which may be 90 days to 6 months or longer from date of request or until or unless you are convicted in court.)

By "offense" that includes prior arrests that were reduced.  It means any prior revocation of a driver's license for testing above the limit or refusing to take the tests.

THE NEW LAWS PUNISH YOU MORE SEVERELY FOR  --- EXERCISING YOUR CONSTITUTIONAL RIGHT TO REFUSE TO TAKE A BREATH TEST OR BLOOD TEST!!!

     First offense DUI with a breath test between .08 to .14  - if lose hearing, or waive hearing or do not request hearing within 15 days then:  Interlock required for 6 months.  Get license back without interlock after 6 months.  ($75 x 6 = $450 PLUS OTHER)

     First offense DUI with a breath test at .15 or above or if REFUSE to take test then - if lose hearing, or waive hearing or do not request hearing within 15 days then:  Interlock required for 6 months for temporary license plus 18 more months after that at $75 per month for the interlock device.  ($75 x 24 = $1,800 PLUS)

     Second offense DUI  (within 10 years) -  if lose hearing or waive hearing or do not request hearing within 15 days then:  Interlock required  for 1 year during the modification period and for 4 years after that (total of 5 years) (*APPLIES to ALL DUI 2^nd Arrests both .08-.14 or .15 or above and refusals) ($75 x 60 = $4,500 PLUS)

On All – DUI 3^rd = requires interlock for 3 years modified license plus for an additional 5 years after that for a total of 8 years.  ($75 x 96 = $7,200 PLUS)

Important advantages to requesting an ADMINISTRATIVE HEARING INCLUDE:   You get a FREE DRIVER'S LICENSE without an interlock for 90 days to 6 months or longer.  You also have a chance of winning the administrative hearing and getting your license back without an interlock device.   The driver's license administrative hearing is an opportunity for your lawyer to obtain discovery or to cross examine the arresting officer and to find out if there are any holes in the case.

If you win the hearing on your license you may get it back UNLESS  you are convicted of the offense in court.  

One important advantage to requesting the administrative hearing is that it also delays you having to pay a lot of administrative fees for a temporary driver's license while you are going to court and trying to pay your attorney and trying to complete all the court requirements --- such as dui school and similar things.

Some people have a lot of difficulty both paying the bond fees, paying their attorney, completing court requirements, and trying to pay for a modified driver's license all at the SAME  TIME   and they need the extra 90 days to 6 months in order to be able to attempt to do so.

A disadvantage is that if you lose the administrative hearing then the ONLY way that you can get a modified driver's license is by appealing the decision to the District Court which costs more money.  You would have to pay court costs of about $148 plus post a cash only appeal bond of $250 plus pay additional attorney fees to appeal to District Court in order to get a modified driver's license.

These are personal legal decisions that must be considered in a direct personal conversation with your local attorney in view of the totality of circumstances in your individual case.  CONSULT YOUR LOCAL DUI LAWYER.   My Phone number is (918) 583-4621 - Glen R. Graham - DUI Attorney, Tulsa, Broken Arrow, Bixby, Glenpool, Owasso, Sapulpa, Sand Springs, Wagoner, Collinsville, Skiatook, Nowata, Pawhuska, Oklahoma.

How to Obtain Work Permit or Temporary Drivers License After a DUI or APC or Drunk Driving Case

How to Obtain a Work Permit or Temporary Drivers License after a DUI, APC, or Drunk Driving Case in Tulsa, Broken Arrow, Bixby, Owasso, or Glenpool, Oklahoma

Prepared by the Office of  Glen R. Graham - DUI Attorney -  Tulsa, Broken Arrow, Bixby, Owasso, Glenpool, Sand Springs, http://www.glenrgraham.com  Attorney at Law 

Phone: 918-260-8184 or 918-584-4621

New laws were passed -  you SHOULD request an administative hearing on your driver's license within 15 days of the date of your arrest = new post about the new laws  on this Blog RECENTLY POSTED  - new updated material is located at the following:  
http://www.tulsacriminaldefense.blogspot.com/2013/02/a-better-way-to-obtain-drivers-license_21.html 

              NEW POLICY NOTICE:   New DPS policy is to treat all  ALTERNATIVE requests for hearing or work permit as a request for a hearing only.  So, you need to specify if you want a hearing or if you want the work permit - modified license in place of the hearing.   You need to make the decision immediately before sending in the request within 15 days of the date of the arrest.
  

            I  can  assist you in requesting in the alternative a  modified drivers license permit to drive  or in the alternative an administrative hearing on your driver's license.  We can send a letter to the Dept of Public Safety  (by fax)  and they have to receive it within 15 days of the date of your arrest (not just mailed but actually received).  There are no extensions of time and it is a flat 15 days including counting weekends and counting holidays.  If the final day for receipt falls on a holiday or weekend then it is extended to the following Monday or day that they are open, but you should not wait till the last minute to send them the letter.  If you are here in my office, then I can assist you in faxing this request today.

            In response to your letter, the Department of Public Safety will mail you a letter in about  5 to 6  weeks  that offers you  two (2) choices:

            Option One (1):   (Usually the Least Expensive Option but not always)

In response to your letter, the Dept. of Public Safety will mail you a letter in about 5-6 weeks.  It will say that you have thirty (30) days from the date of their letter to do the following:

     Go to the local office for the Department of Public Safety Office which is located at 14002 E. 21^st  Street (Old Eastland Mall Complex - Lower Level) in Tulsa, Oklahoma  - Located at approximately  21^st Street and 145^th E. Ave.

     Pay them a fee of $175 dollars in form of a money order or cashier’s check for a temporary drivers license fee.

     Have installed in your vehicle an interlock ignition device that you blow into to start your car and blow into about every  15 to 30 minutes.  It costs about $75 dollars per month plus either an installation fee of $75 or a removal fee of about $75.   The DPS  will  require an original installation certificate for proof of the interlock.

     Provide proof of current insurance.

     Completion of the FORM FOR A MODIFIED DRIVERS LICENSE.

     IF  BUT ONLY IF YOU ARE DRIVING AN EMPLOYERS VEHICLE then they want an affidavit from the employer.

     You will be required to surrender all proof of driving privileges – such as any letters to drive on or any new drivers licenses that you may have obtained. And the DPS issues you a new photo id drivers license with interlock required notation on it. 

Normally on your first (1^st)  DUI or APC offense or arrest, the period of time is usually six (6) months, unless your breath result was .15 or  higher or you refused to take the test. 

 1^st One Below .15 = Interlock for 6 months temp license.  (Above .08 below .15) 

 1^st One:  But, if your result was  .15 or more  or  if you refused the test then interlock for 24 months.

 On All - DUI 2^nd = requires interlock for 1 year during the modification period and for 4 years after that  (total of 5 years) (*APPLIES to ALL DUI 2^nd Arrests any .08 or above or refusals)

On All – DUI 3^rd = requires interlock for 3 years modified license plus for an additional 5 years after that for a total of 8 years. (Applies to All - any BAC .08 or Above or Refusals)

            In response to the letter to them they send you a letter in about 5-6 weeks.

You only have thirty (30) days from the date of their letter offering you a modified drivers license to complete the requirements and go to the DPS office at 21^st & 145^th E. Ave.    After thirty (30) days,   if they have not received their application and fee of $175 dollars  from you then it will be scheduled for a hearing at the Dept. of Public Safety.  You could call them at the phone number  on their letter  to see if they will allow you more time to send them their application or the $175 dollars.  If they don’t receive your money and application timely within 30 days of the date of their letter then they will schedule it for a hearing and the only way to get a license if by appealing and paying a substantial amount of money to appeal.

            Option Two (2):  (Sometimes the More Difficult Option) You can choose to have an administrative hearing by not sending back the application for a modified drivers license or by sending a letter to them telling them that  you want the hearing.

Again - initially you only have 15 days from the date of your arrest  to make the request, but if it is a response to their letter then you have 30 days from the date of their letter.   If they do not receive their offered application for a modified drivers license within 30 days of the date of their letter then they will schedule it for an administrative hearing.  You will need and should hire an attorney to appear at the administrative hearing.   My fee is negotiable.

(*Unless you get convicted of the DUI or APC) If you win the DPS hearing then you do NOT have to have an interlock device installed in your vehicle.   It is very difficult to win a DPS license administrative hearing because it is a civil administrative proceeding and not a court hearing.  Hearsay is admissible and the hearing judge is a DPS official and not a independent judge.  It would be similar to having the Chief Law Enforcement Officer listen to the evidence to decide if correct procedures were followed and if you should lose your license.  However, even if you win the hearing, if you get convicted of the DUI or APC, then the DPS may require you to have an interlock device by virtue of the conviction.

It is  very important to note that by having an administrative hearing, you could gain insight into what mistakes if any that the officer may have made in your case but if you lose the administrative hearing then to keep a license you have to appeal which costs more money.  If you lose the administrative hearing then you have 30 days to appeal the matter to the district court which requires payment of additional monies.

 TYPICAL EXAMPLE NOT ALWAYS THIS BUT AN EXAMPLE:

          Pay Attorney fees of for admin hearing                    $Negotiable

            Pay Court Costs of About                                         $148.00

            Pay Cash Bond Fee of                                               $250.00

            Pay Attorney fees for Appeal/Petition/Order            $Negotiable

                                                                           TOTAL:   $Negotiable plus the above costs ($398)

            IF YOU CHOSE TO WAIVE THE DPS HEARING THEN YOU SAVE THIS MONEY AND NOT HAVE TO PAY THIS ADDITIONAL MONEY.   HOWEVER,  THEN THE DPS requires you to pay them the $175 fee and to have a interlock installed in your vehicle for $75 per month.   However,  if you won the DPS hearing then you could avoid having the interlock device installed in your vehicle unless you got convicted of the offense.

You do not have to appeal – You could choose to agree to a modified license with an interlock device in PLACE of the administrative hearing.   Or,  you can lose your license instead by not doing anything, but the only way to keep a license is to appeal if you choose to have an administrative hearing but if you choose to waive the hearing and pay for the modified license in place of a hearing then you DO NOT HAVE TO APPEAL because you did not have a hearing.  

Lastly, you do not have to have a hearing.  In most cases, you can waive your right to an administrative hearing and  pay for a temporary drivers license  and interlock device  in place of an administrative hearing = it is usually cheaper not to have a hearing.

It is also important to note that if you get convicted of a driving under the influence case, then the department of public safety may suspend your driver's license   by virtue of receiving a conviction for a dui   separately from the administrative hearing -  which means that even if you win the administrative hearing that the department of public safety may suspend you drivers license but if you agree to a modified drivers license  in place of the hearing then you would not lose you driving privilege if you were convicted of the DUI.

Possession of a Precursor with Intent to Manufacture - Smurfs - Purchase of Cold Medicine

Possession of a Precursor with Intent to Manufacture a Controlled Drug
vs. Misdemeanor Possession / Purchase of Cold Medicine in Oklahoma
By Tulsa Criminal Defense Attorney – Glen R. Graham http://www.glenrgraham.com

Sometimes people making a purchase of cold medicine are called "smurfs" by law enforcement officials and other parties. The word "smurf" comes from the television and comic series called "The Smurfs." Smurfs are imaginary blue cartoon characters and typically archetypes of everyday people. In the 1980's, the smurf cartoon series was one of the most popular television programs. It is unclear why law enforcement and others would call over the counter cold medicine buyers "smurfs."

Low grade drug runners are sometimes called "mules" because they a viewed as people with mule like characteristics, in that, they work for other people who are the masters, and the mules are just the "stupid pack animals" that work for the masters, or people in control. The analogy would be that the smurfs are people who a lower echelon workers or no-bodies who work for the Papa Smurf or the people in control and that the smurfs just do the buying for someone else. Calling people derogatory names like "smurfs" seems to be questionable although it may be understandable and easier to say that calling them "lower echelons" who are not the actual manufacturers.

Oklahoma laws dealing with possession of a precursor in listed in Title 63 of the Oklahoma Statutes. But, there are also federal laws with have limits on possession of a precursor. Sometimes the government will file cases in both state and federal court, or they may dismiss the state charge and re-file the case in federal court.

The Oklahoma statutes are in 63 O.S. Section 2-332

http://www.oscn.net/applications/oscn/deliverdocument.asp?id=438675&hits=

“B. Except as provided in this subsection, possession of a drug product containing more than nine (9) grams of ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers shall constitute a rebuttable presumption of the intent to use the product as a precursor to methamphetamine or another controlled substance. The rebuttable presumption established by this subsection shall not apply to the following persons who are lawfully possessing drug products in the course of legitimate business . . .

A case out of Oregon - dealing with misdemeanor possession of precursor - simple possession versus possession of precursor with intent to manufacture is State v. Moreno, 104 P.3d 628 (2005), 197 Or. App. 59:

A useful quote from this case is: “In effect, the state asks us to conclude that a jury could infer the requisite "conscious objective to" manufacture methamphetamine from the same facts that constitute the misdemeanor offense of possession of pseudoephedrine. On this record, however, such an inference requires too great a leap and would require speculation, rather than logical inference. See State v. Lopez-Medina, 143 Or.App. 195, 201, 923 P.2d 1240 (1996)style="font-size:130%;"> (evidence is insufficient to support an inference when the conclusion to be drawn from it requires "too great an inferential leap" because the logic is too strained). The same is true of any inference that defendant was working "in concert" with a specific individual who had the wherewithal to manufacture methamphetamine and the physical equipment and site to do it. Not a shred of 631*631 evidence in this record suggests the existence of such a person.”

This case indicates that merely possessing cold medicine does not prove possession with intent to manufacture. If the purchaser denies that he or she is purchasing the cold medicine for anything illegal like manufacturing a controlled drug, then the state would be required to show some evidence to prove the intent. Usually, the defendant makes an incriminating statement or they may possess evidence that indicates that they had intent to manufacture.

In sum, the mere possession does not automatically prove possession of a precursor with intent to manufacture, but under Oklahoma law, there is a “rebuttable presumption” that the possession of 9 grams of the prohibited substance is with intent to manufacture.

Under Oklahoma law, Title 63 O.S. Section 2-212 (A), states:

"No person shall purchase, receive, or otherwise acquire more than nine (9) grams of any product, mixture, or preparation within any thirty (30) day period. Provided, the requirements of this subsection shall not apply to any quantity of such product, mixture or preparation dispensed pursuant to a valid prescription.

Federal law prohibits a person from purchasing a product containing more than 3.6 grams of a product containing Ephedrine, pseudoephedrine or phenylpropanolamine. The Combat Methamphetamine Epidemic Act of 2005 can be found in Title VII (7) of the USA Patriot Improvement and Reauthorization Act of 2005 (Public Law 109-177), and it was implemented into the Controlled Substances Act of Title 21 U.S.C. Sections 801-971. For additional information see: http://www.deadiversion.usdoj.gov

What to Expect on a DUI or Marijuana Case

What to Expect on a Misdemeanor DUI or Possession of Marijuana Charge
By Glen R. Graham, Criminal Defense Attorney, Broken Arrow Criminal Defense Attorney, Tulsa Attorney, Owasso, Bixby, Glenpool, Skiatook, Collinsville, Sapulpa, and surrounding courts in Oklahoma
Phone 918-260-8184

Each case is different but the same basic rules and same laws apply all over the state of Oklahoma. In a DUI or APC case, you only have 15 calendar days from the date of your arrest to request in the alternative an administrative hearing and/or a modified driver's license. This is a strict time limit which is enforced.

Our office handles these cases, and you should call us to schedule an appointement at Graham Law Office - 918-260-8184. The facts of each case are different and you should contact an attorney immediately to find out about your legal rights and the best way to handle your specific circumstances. Broken Arrow criminal defense attorney cases and Tulsa criminal defense attorney cases and Bixby, Owasso, Glenpool, and Sapulpa criminal defense attorney cases are all based upon the same basic state laws. Our website has more information - Criminal Defense Attorney in Oklahoma - Broken Arrow, Tulsa, Bixby, Owasso, Glenpool, Sapulpa, and others.

You may have a defense in your case. There may be motions that need to be filed to protect your rights and you only have 15 calendar days to make a proper written request to the Department of Public Safety to attempt to save your driver's license.

While you may have been given a temporary license good for 30 days, in fine print, it states you only have 15 days to request an administrative hearing and/or modified drivers license. The 15 day time limit is strictly enforced by the Department of Public Safety. Even though you court date may be continued beyond the 15 days, under the law, the driver's license matter is treated completely separate from your criminal case in court. Everyone is presumed to know the law even though most people do not know about the 15 day time limit, but ignorance of the law is not considered a valid excuse or exception to the 15 day limit.

In regard to misdemeanor, possession of marijuana cases, you do not have to make any driver's license request, but you should contact an attorney to protect your legal rights as soon as possible. You may have a defense in your case. Some times a plea bargain for a deferred sentence to get the sentence dismissed and expunged at the end of a short period of time may be worked out in your case. It is also important to know that some judges may require you to submit to a random urine test for drugs so you should immediately cease and stop using if you have been using. On occasion, the court may want to see a drug test result before the sentence is imposed and some may require an assessment. You should contact an attorney to help you in this matter.

The Graham Law Office - Glen R. Graham and Associates - strives to help you achieve success in your case and the best available options. Please call us at (918) 260-8184 to schedule an appointment to discuss your case.

Penalty Ranges for City of Tulsa Misdemeanor Cases

The Penalty Ranges for Misdemeanor Cases in the Municipal Court of the City of Tulsa

By Glen R. Graham, Tulsa Criminal Defense Attorney, http://www.glenrgraham.com/
Tulsa Misdemeanor Municipal Cases - City of Tulsa

City of Tulsa - Penalty Ranges under Title 27 and Title 37 of the Ordinances of the City of Tulsa

Link to The Ordinances of the City of Tulsa
Speeding tickets are at the bottom of this summary

Possession of Marijuana $150 - $1,000 and/or 0- 6 months
Larceny of Merchandise from Retailer 0-30 days and/or $10-$500
Larceny of Merchandise from Retailer 2nd Minimum 30 days to 6 months and/or 0-$1,000
Assault 0-30 days and/or 0-500
Assault & Battery 0-90 days and/or 0-$1,000
Assault &Battery (Domestic) 0-6 months and/or 0-$1,200

Soliciting for Prostitution 30 days to 6 months and/or 0-$500
Outraging Public Decency 0-6 months and/or 0-$500
No Drivers License 0-$300 and/or 0-30 days
Driving under Suspension 0-$500 and/or 0-90 days
No Proof of Insurance 0-$250 and/or 0-30 days
Improper tag display 0-$300
Aggravated Speeding 0-$500 and/or 0-10 days
Speeding in School Zone $10-$500 and/or 5 days to30 days
Passing a School Bus 0-$500 and/or 0-90 days
Drag Racing $25-$500 and/or 0 to 90 days
Reckless Driving $100 - $500 and/or 5 days to 90 days
Eluding Police $100 - $1,250 and/or 0-90 days
Resisting an Officer 0-$200 (No Jail)
Disabled Parking $150 - $250
All Other Chapter 5, NS 0-$500
DUI 0-$1,000 and/or 10 days to 6 months
DUI under 21 Measureable Amount -0 days in Jail and 20 Hours CS and/or $100 -$500 and/or Treatment
DWI 0-$500 and/or 0- 90 days
Hit and Run Accident (Attended) 0- $500 and/or 0-90 days
Hit and Run (Unattended) Accident or Property 0- $500 and/or 0-30days
Open Container (Liquor) 0-$500 and/or 0- 90 days
Open Container (Beer) 0-$500 and 0-90 days
Excessive Speaker Sound 0-$200
Any Chapter 7 Equipment Violation $5 to $500 Any Chapter 8; NS 0-$500 Any Chapter 11; NS $5 to $500

Title 37 Section: 617.A Speeding in Excess of the Posted Limit
1-10 miles per hour over $ 150.00
11-15 miles per hour over $ 175.00
16-20 miles per hour over $ 200.00

617.B Speeding in Excess of Unposted Limit
1-10 miles per hour over $ 150.00
11-15 miles per hour over $ 175.00
16-20 miles per hour over $ 200.00

617.C Aggravated Speeding, Greater than 20 Miles Per Hour Over a Posted
or Unposted Limit(21 miles per hour & over)0 - $500 and/or 0 - 10 days in Jail

618 Driving at an Imprudent Speed for the Conditions Affecting Speed 0 - $150.00

619 Speed Less than the Posted Minimum 0- $150.00

620 Speeding Greater than 15 Miles Per Hour Through an Unmarked Intersection 0-$150

621 Speeding Greater than 10 Miles Per Hour in an Alley 0-$150.00

622 Driving at a Speed too Slow For Conditions and Impeding the Movement of Traffic 0 - $150.00

15 Days to Save Your Drivers License After DUI in Oklahoma by Broken Arrow DUI Attorney

15 Days to Save Your Drivers License after DUI in Oklahoma

By Glen R. Graham, Broken Arrow DUI Attorney, Glenpool, Bixby, Sand Springs, Tulsa

Broken Arrow DUI Attorney and Glenpool, Bixby, Sand Springs, Tulsa DUI Attorney Website

The Graham Law firm handles DUI and DWI and other cases through-out Oklahoma including Tulsa, Broken Arrow, Glenpool, Bixby, Jenks, Sand Springs, Sapulpa, and Pawhuska, and Wagoner County and others. Glen R. Graham is an experienced DUI Attorney with over 25 years in practice. Call us at (918) 260-8184 so we can begin assisting you.


New laws were passed -  you SHOULD request an administative hearing on your driver's license within 15 days of the date of your arrest = new post about the new laws  on this Blog RECENTLY POSTED  - new updated material is located at the following:  
http://www.tulsacriminaldefense.blogspot.com/2013/02/a-better-way-to-obtain-drivers-license_21.html 


NEW POLICY NOTICE:   New DPS policy is to treat all  ALTERNATIVE requests for hearing or work permit as a request for a hearing only.  So, you need to specify if you want a hearing or if you want the work permit - modified license in place of the hearing.   You need to make the decision immediately before sending in the request within 15 days of the date of the arrest.

Typically, a DUI arrest in Oklahoma can be a traumatic experience. The person will have numerous questions and fears. You should immediately contact an attorney. We at the Graham Law Firm specialize in DUI - DWI - APC and alcohol related offenses. With over 25 years experience and numerous jury trials and successful negotiations, we have the proven experience necessary to obtain a result you can live with in your case. Call us today at (918) 260-8184 and we can schedule an appointment to begin working on your case.

You ONLY have fifteen (15) days from the date of your arrest to request an administrative hearing to attempt to save your drivers license. Normally, you are given a temporary license good for 30 days but in fine print it tells you that you only have 15 days from the date of your arrest to request an administrative hearing on your drivers license. This is COMPLETELY SEPARATE from your court date and your court matter on your DUI case.

The difference between a charge of driving under the influence of alcohol or any intoxilyzing substance (DUI) and the charge of driving while impaired (DWI) is based upon the blood alcohol content (BAC) in your breath or blood sample as tested by a machine or if you refused a test then it is based upon an officer's opinion. If you BAC test result is above .08 or more then you will be charged with DUI. If you BAC test is between .05 and .08, then you will be charged with driving while impaired (DWI). If you are under the age of 21 years, then if you have any measurable BAC then you can be charged as DUI under the age of 21 years. If you BAC test is above .15 then you can be charged with aggravated DUI.

Second offense, DUI may be charged as a felony. It is not always charged as a felony because it depends on what happened on the first DUI and whether the first DUI was a court of record or not. There are many defenses to a felony charge of DUI. Sometimes the prior misdemeanor DUI can not be used as a valid enhancement because it was not in a court of record or there is inadequate records concerning whether the right to counsel was waived or not. An experienced DUI attorney such as Glen R. Graham can argue all of the legal defenses which should be aggressively litigated in your case.

You Do Not Create an Attorney-Client Relationship with Me without Paying a Retainer Fee

You Do Not Create an Attorney-Client Relationship with Me without Paying a Retainer Fee

By Glen R. Graham, Attorney at Law, Tulsa, OK http://www.glenrgraham.com/

If you call me for a fee quote, then I will do my best to give you an estimate with certain limitations. However, if you want accurate (correct) legal advice, then you will need to schedule an appointment and to pay a fee for that. At this time, I am unable to offer free legal advice to everyone that is calling my office. I will schedule an appointment and charge you for an initial consultation but I am not offering free legal advice.

If you are calling me for a non-legal problem, then I may be unable to assist you.

I recommend that you call 3-5 other professionals and if you are still wanting to talk to me, then call me back after you talk to other people. We can schedule an appointment for you to come to my office and pay me a fee for the legal advice which you are seeking to obtain from me. It is on a case by case basis. Some cases require legal research and some matters can be answered immediately.

I do not have an immediate answer to every legal problem. Some matters do require legal research for a correct answer. I believe if the advice and information is valuable and if you want to be certain of the answer, then you should pay for that information.

Do not expect something for nothing. You DO NOT CREATE AN ATTORNEY - CLIENT relationship with me by calling me and asking for FREE LEGAL ADVICE. I DECLINE TO ENTER INTO AN ATTORNEY-CLIENT RELATIONSHIP WITHOUT A RETAINER FEE.

Multiple times a week and sometimes a day, people are calling me with legal and non-legal questions. It is almost like I am the "the great wizard or master" and supposedly by calling me people expect free terrific fantastic advice on every problem in their life. I am a businessman and an attorney. I have deleted ALL OFFERS of FREE ADVICE. This is my new policy. You call me and want a FEE QUOTE. I will tell you my best estimate with limitations. You want legal advice, then you will need to schedule an appointment with my office. I will tell you that depending upon your legal or mental or social (non-legal) problem, that you may want to call other professionals and that I normally recommend you call at least 3-5 other professionals before you schedule an appointment with my office. It appears that people will call an attorney for social advice or advice that a psychologist, friend, minister or non-legal professional should be providing. It also appears that people will call for free information about anything and everything. There are thousands, millions, and maybe billions of people that will call for FREE advice. I decline to talk to all you and I do not have an answer to all of your problems, some of which may be non-legal problems.

Creative Ideas on Defending Tulsa Criminal Felony & Misdemeanor Cases

Creative Ideas on Defending Tulsa Criminal Felony & Misdemeanor Cases
by Glen R. Graham, Tulsa Criminal Defense Attorney, (918) 260-8184
Web site: http://www.tulsacriminaldefenses.com

There are good ideas and then there are bad ideas and then ideas in between the two extremes and then some ideas that are not relevant and a mixture of stuff in between.

Each case is different and there may be defenses that might not work in one jurisdiction even though it is a good defense in another jurisdiction. Sometimes people google or internet research their legal matter and find a case in another state or another community which provides a defense under one version of a state law or municipal ordinance but which does not apply in another jurisdiction.

Not all people are the same or think the same way. Not all prosecutors or judges agree with certain interpretations of the law. Many Supreme Court decisions are split decisions like 5 agree and 4 dissent or 4 agree, 1 concurs in part, and 3 dissent and similar split decisions. The law of the land also varies among the different states and municipalities which each have different state and municipal laws. A law in one jurisdiction may not be the law in another jurisdiction.

One Judge may have a policy that everyone has to submit to an immediate drug test on the day of their plea before the Judge will consider probation and another Judge may have a policy that you only submit to drug test every 30 days to 45 days after you enter a plea and another Judge may leave it up to the probation officer to randomly impose a drug test when the probation officer believes it is necessary. Not all Judges and Prosecutors have the same policies and there is a diversity and the Judge has discretion in developing policies.

It is helpful for the attorney to become familiar with the policy of the assigned judge before appearing in court. Sometimes is in helpful to look up the past decisions of the court on the internet both by google and by doing an internet search on the website of the local newspaper such as http://www.tulsaworld.com and check out past articles involving similar cases and similar decisions by the assigned judge. Also, it is helpful to check past similar cases online at the official court website such as http://www.oscn.net

It is sometimes but not always but sometimes helpful for you to consider hiring a private detective or private investigator. Not all cases are the same and you do not need one in every case. In order to protect the "confidentiality" of the private investigation it is best to have the private investigator hired through the attorney's office because if subpoenaed then the attorney can argue that the information is confidential attorney work product information.

Several Tulsa Private Investigators and Detectives are listed in the phone book but here is an additional listing:

To verify a private investigator's license in Oklahoma, contact:

Council on Law Enforcement Education & Training
Private Security Division
P. O. Box 11476-Cimarron Station
Oklahoma City, OK 73136-0476

To Verify Private Investigator License: (405) 425-2775
Official web site: Oklahoma State Private Investigator Association: http://www.opia.com

Roy Clugston Polygraph and Investigative Services
6440 South Lewis Avenue Bridgeport II Office Building
Suite 2300 Tulsa, Oklahoma 74136 Web site: http://www.clugston-polygraph.com/
918-622-7008 E-mail: roy@clugston-investigations.com

Virgil Wallace - Wallace & Associates 6610 E. Admiral Pl. – Tulsa, Oklahoma 74112
P.O. Box 6422 – Tulsa, Oklahoma 74148 Phone: (918) 835-1456

Gary Glanz & Associates - 3807 S Peoria Ave # Gh320, Tulsa, OK‎ (918) 742-0075‎

Eric Cullen Private Investigator - Phone: (918) 392-1610

Bird Dog Investigations - Mr. Dobson - (918) 583-6600
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David Smith Investigations: 4528 S Sheridan Rd, Tulsa, OK‎ - (918) 743-5603‎

Baker & Baker Ltd: 401 S Boston Ave, Tulsa, OK‎ - (918) 744-0054‎

ABC Investigations (Michael Smith) Tulsa, OK‎ - (918) 810-4808‎

Scott Malan - Malan Investigations - 918-636-2359 Web site: malanprocessservice.com

Ken Henson 4943 S. Peoria Ave., PMB #421 Tulsa, Oklahoma, 74105 Office: (918) 749-7275

Shadow Investigations - 1710 S Boston Ave, Tulsa, OK‎ - (918) 583-8282‎

Kennedy Investigations: 6440 S Lewis Ave, Tulsa, OK‎ - (918) 742-3555‎

Sting Investigations 7941 E 57th St, Tulsa, OK‎ - (918) 361-6790‎

‎‎Ketchum Investigations‎ 8004 S Wheeling Ave, Tulsa, OK‎ - (918) 535-3334‎

Bill L Howard & Co PO Box 4120, Tulsa, OK (918) 583-8002‎
Web site: http://www.oklahomapi.com

Linda Jones 1611 S. Utica PMB #117 Tulsa, OK 918-583-4779 Email jones007@cox.net

The Naked Truth Detective Agency‎ PO Box 14077, Tulsa, OK‎ - (918) 724-9088‎ Web site: http://www.youneedproof.com
Don Bradford Spec Investigations‎ 8988 S Sheridan Rd # L Pmb 106, Tulsa, OK‎ (918) 494-7997

Baker & Baker Ltd 401 S Boston Ave, Tulsa, OK‎ - (918) 744-0054‎

Labass Investigative Services‎ 3601 S Harvard Ave, Tulsa, OK‎ - (918) 955-1381‎

Fraud & Forensic Invstgtns‎ 401 S Boston Ave, Tulsa, OK‎ - (918) 728-3340‎

David Smith Investigations‎ 4528 S Sheridan Rd, Tulsa, OK‎ - (918) 743-5603‎

Sykes Investigations‎ 2915 S Harvard Ave, Tulsa, OK‎ - (918) 749-8600‎

Cold Case Investigations LLC‎ 10906 E 2nd St, Tulsa, OK‎ - (918) 438-9900
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Herndon & Associates‎ 412 N Boston Ave, Tulsa, OK‎ - (918) 664-9902‎

Heath Security & Investigative‎ 320 S Boston Ave, Tulsa, OK‎ - (918) 610-0077‎

Zero Investigations Inc‎ 2816 E 51st St, Tulsa, OK‎ - (918) 492-7741‎

Cook Detective Agency‎ 4528 S Sheridan Rd, Tulsa, OK‎ - (918) 663-4545‎

Shadow Investigations International‎
1710 S Boston Ave, Tulsa, OK‎ - (918) 583-8282‎

Jarvis International http://www.jarvisinternational.com
11720 E. 21st Street
Tulsa, Ok 74129-1824 Phone (918) 437-1100

Cook Detective Agency‎
4528 S Sheridan Rd, Tulsa, OK‎ - (918) 663-4545‎

Agi Group‎ Tulsa, OK‎ - (918) 398-0121‎

Marvin Reynolds Private Investigative Agency‎
Tulsa, OK‎ - (918) 282-3900‎

Srt Investigations‎ PO Box 35403, Tulsa, OK‎ - (918) 481-6045‎