How Can You Protect Your License After a DUI Arrest in Oklahoma?
If you have been arrested for driving under the influence (DUI) in Oklahoma, you will face criminal and administrative charges. The latter deals with the administrative suspension of your driver’s license. A DUI attorney in Oklahoma City, OK can help contest the automatic suspension and represent you in court for the criminal charges. The outcome of an administrative suspension may influence the criminal case, so it should be taken seriously.
How Can You Protect Your License After a DUI Arrest in Oklahoma?
Schedule a Hearing
The court can suspend your driver’s license as a criminal penalty, but you will also face an immediate administrative suspension. This process is handled by Service Oklahoma, formerly known as the Oklahoma Department of Public Safety.
You must contact Service Oklahoma within 15 days to schedule a hearing. If you fail to do so, your license will be automatically revoked until your criminal court hearing, which may be several months. This is known as an administrative suspension and is separate from any criminal suspension imposed.
What Happens at a Service Oklahoma Hearing?
The burden of proof is on Service Oklahoma to prove that the following key criteria have been met:
- There was probable cause to pull you over
- You were arrested
- You were informed of the possible consequences of refusing or taking a breathalyzer test
- The test results were above the legal limit
- You refused a test
The police must have had probable cause to pull you over and request a breathalyzer test. Your lawyer can cross-examine officers during the hearing to challenge the legality of the stop or the validity of the test results. In some cases, your lawyer may advise against attending the hearing, as you could be compelled to testify under oath. Unlike a criminal trial, there is no option to refuse to testify.
Apply to IDAP
If Service Oklahoma revokes your license, you can apply to the Impaired Driver Accountability Program (IDAP). The program allows eligible drivers to complete a driving education course, which may help them avoid a license suspension. Successfully completing IDAP is also viewed favorably by the criminal court.
As part of the IDAP conditions, you may be required to install an ignition interlock device. This is a type of mini-breathalyzer which will carry out a check every time you get behind the wheel. If alcohol is detected on your breath, the engine will not start.
Consult a DUI Attorney in Oklahoma City
An experienced Oklahoma DUI attorney is essential because it’s possible to successfully challenge the administrative license suspension. The result of this may also be used in your defense in the criminal trial to prevent a criminal suspension. For more information, click here to read how legal representation can help.
A DUI charge carries a serious risk of license suspension, so urgent action is needed. A skilled lawyer may be able to successfully argue against license revocation. The key to protecting your license is to request a hearing immediately and hire a DUI attorney to present your case. If the hearing does not go in your favor, they can also assist with an IDAP application.
