This’ll be a big weekend. Daylight savings time is over and, at 2am, you get that hour back that lost in the Spring. Football games. Thunder game, too. However, ALSO this weekend, at 12:01am TONIGHT (well, actually Friday, November 1, 2019), the NEW laws concerning the license issues caused by a DUI or APC go into effect. And, if you are arrested after midnight tonight, what follows is stuff you need to know.
The NEW Driver’s License Law
As before the changes, The Department of Public Safety (DPS) will revoke YOUR license for a six (6) month to three (3) year period of time (depending on your prior record) for failing the test with a score of .08% OR higher BAC (breath/blood alcohol concentration), OR .02% BAC or more if you are under 21 years old. Refusal of a test revokes the license for the same period of time as a test failure, as does a CONVICTION of a DUI or APC. In addition, if you have a CDL and refuse a test, you will be disqualified for one (1) year, no matter WHAT vehicle you are driving at arrest. Any driving you do during the time YOUR license is revoked, can result in additional criminal charges AND additional periods of license revocation! Also, the Attorneys for the DPS of Oklahoma have already begun the DRIVER’S LICENSE CASE against YOU before most Criminal Court appearances even begin! To reinstate your license after this revocation, you will be required to get an assessment – and complete any recommendations therefrom – and pay a fee of over $300.
What can you NOW do?
Before, you could request a hearing to be conducted at the DPS to contest any revocation. Win it, and your license would not be revoked. NOW, however, there is NO longer a “hearing” with the Department of Public Safety (“DPS”) to contest a driver’s license revocation. The only due process you have is to literally SUE the DPS, but we are getting ahead of ourselves. (See below). If you do not wish to just let this happen (and all the problems it causes to your life), you have TWO (2) choices to avoid a revocation of your license:
- Option #1 – The DPS’s new “IDAP” program – For arrests on or after 11-1-19, the law relating to driver’s licenses & DUI/APC changes significantly & each of these directly affects your case and life. This new program is the Impaired Driver Accountability Program or “IDAP”. This is an attempt to get you to waive your rights to confront or fight this license matter. You received a form encouraging you to sign up for this WITHIN 30 DAYS of your arrest with the promise that, if you will put a breath machine on all cars you drive (at $40-$60 a month each) for 6 months to 3 years (depending on your record), pay $200 to the DPS, and basically complete the same requirements as license revocation reinstatement, your license will not be revoked and NO evidence of this DUI will go on your public driving record.
THIS IS INCORRECT!!
Here’s how: Though while it IS certainly correct that your license will not be revoked and not put on your public driving record if you sign up for, and complete, this IDAP, one of the requirements of this program is that your license will be changed to a RESTRICTED license which costs another $50. The restriction of the breath machine requirement on any car you are driving will be indicated on your plastic driver’s license. AND, most important to know is that this restriction of a requirement of an IGNITION INTERLOCK (breath machine) will be put on your PUBLIC DRIVING RECORD, too. Anyone who sees your driving record – employers, insurance companies, etc – will see that you had some restriction put on your license for 6 months to 3 years. How long do you think it will take for them to discover WHAT that restriction was for? A minute? Then, anyone who looks at your record will KNOW that you had an interlock (ignition breath machine) required to be put on your car. And, who is the ONLY person who EVER has to put one of these on his car? A person arrested for DUI or APC. Further, in total, the costs to you for this program – and the requirements related to it – are almost the same as if your license was revoked for the DUI/APC, you got a work permit, and you reinstated your license.
Therefore, participation in this program, DOES NOT, as you might be promised, prevent evidence of your DUI/APC being found on your driving record with ALL the negatives that go along with that!! So . . . ,
DO NOT SIGN UP FOR THIS PROGRAM UNTIL YOU HAVE TALKED TO ME!!
REMEMBER: Any alcohol related entry that goes onto your driving record is NEVER removed! It is a myth that your driving record is “erased” after some period of time. Entries that are more than three (3) years old are not printed off on the driving record that you might get from the DPS or a tag agency. However, those older records are STILL there for Police and most government agencies to see!
- Option #2 – District Court Appeal – Under this new law, there are no more hearings at the DPS. You must file an appeal in District Court WITHIN 30 DAYS of your arrest to receive any due process before the DPS revokes your license. It is the ONLY way to fight all this now. If you do NOT want:
– The machine on your car (& pay $500 or more for it) for at least 6 months;
– Pay $250 for the privilege to do the above;
– Get an assessment (which costs $175) and go to meetings;
– And, STILL have evidence of the DUI on your driving record;
you have to file this appeal and FIGHT the license revocation and ALL that goes with it. This is something that I have done for literally 1,000’s clients for the past almost 30 years.
And, I am very good at it.
Charles L. Sifers
Attorney at Law
401 N. Hudson, 2nd floor
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
web(s) – www.dui-help-oklahoma.com; www.siferslaw.com
Oklahoma‘s First Attorney Board Certified in DUI Defense by National College for DUI Defense (NCDD) under American Bar Association (ABA) Guidelines
Best Lawyers in America in DUI/DWI Defense Specialty, 2010 thru 2018 ed(s).
Lawyer of the Year, Best Lawyers in America, 2014-2015
Oklahoma‘s First Regent (retired) for the National College for DUI Defense
“The People should NOT be afraid of the Government. The Government should be afraid of the People“.