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. 21st Street (Old Eastland Mall Complex - Lower
Level) in Tulsa, Oklahoma - Located at
approximately 21st Street and
145th 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 (1st) 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.
1st
One Below .15 = Interlock for 6 months temp license. (Above .08 below .15)
1st
One: But, if your result was .15 or more or if you refused the test then interlock for 24
months.
On All
- DUI 2nd = requires interlock for 1 year during the modification
period and for 4 years after that (total
of 5 years) (*APPLIES to ALL DUI 2nd Arrests any .08 or above or refusals)
On All – DUI 3rd = 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 21st & 145th 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.
