If you are pulled over for drunk driving and arrested for a DUI or if you refuse a breathalyzer test, the State begins the process of revoking your driver's license.
After this happens, you have three options:
Service Oklahoma (formerly DPS) will typically mail you a notice of revocation. They can do so up to 180 days after your arrest, or 180 days after your blood test results are complete if you took a blood test.
If Service Oklahoma mails you a notice, you have 30 days from the date on the notice to file an appeal or your driver's license will go into revocation until you complete the IDAP program. You do not have the option to sit out the revocation -- you must complete IDAP to get your license back.
We can challenge the basis of the stop, arrest, breath test, refusal, and other merits of the case on your behalf in order to stop the State from revoking your license. If we win, you will not lose your license. If we lose, you'll still be able to apply to participate in IDAP.
Oklahoma’s new Impaired Driver Accountability Program (IDAP) went into effect in late 2019 and significantly changed the way that denials of driving privileges are handled in the State. It’s a so-called “diversionary” program that aims to minimize the consequences of a DUI arrest by diverting offenders from committing serial violations and/or other crimes (like driving without a license). If we apply on your behalf and you are accepted into IDAP, you'll be required to have an interlock device (blower) 180 days, 1 year, or three years for a first, second, or third offense in the last 10 years. It costs $250 to apply, and this is what you'll have to do:
At the conclusion, you'll get a completion certificate and will be able to take the interlock out of your vehicle. For More information on IDAP, see our ultimate guide to IDAP.
If you have a commercial drivers license (CDL) or if you want to obtain a CDL, then you need to know how a DUI or other alcohol or drug related driving incident will affect your driving privileges. Pursuant to Title 47 O.S. 6-205.2, if you are operating a commercial motor vehicle (CMV) and/or you have a commercial drivers license (CDL) A first-time conviction for a DUI or APC will result in a suspension of your CDL for ONE year. Additionally, your CDL will be suspended for ONE year if you refuse to take the breath test. This is even true if the DUI occurred while you were driving your personal vehicle.
If you are convicted a second time for DUI or APC, there will be a Lifetime ban on your commercial driving privilege. Additionally, any conviction you receive for using a vehicle for any type of felony drug charges will result in a Lifetime ban on your CDL.
Pilots have separate reporting issues than drivers of automobiles or people with CDLs. Please contact us as soon as possible if you are arrested for a DUI and have a pilot’s license. We need as much time as possible in order to accommodate the reporting requirements of the particular agencies involved.
Every case is unique and we need to gather as much info about your circumstances as possible. We get your story, any documents you received, and start analyzing your matter.
We'll speak with you and discuss all of your options, and how we should move forward with your defense.
We'll work hard to aggressively represent your interests and to get you the best possible result so you can get your life back on track.
We can help. Contact us today.