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 2nd Arrests both .08-.14 or .15 or above and refusals) ($75 x 60 = $4,500 PLUS)
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. ($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.
