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.