15 Days to Save Your Drivers License after DUI in Oklahoma
By Glen R. Graham, Broken Arrow DUI Attorney, Glenpool, Bixby, Sand Springs, Tulsa
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.
