Administrative Process – Driver’s License

The driver’s license revocation process for an alcohol or drug-related impaired driving arrest is the same no matter how many offenses. It is the consequences that change depending on the number or numbers of alcohol or drug-related impaired driving offenses an individual has incurred.

Learn more about the driver’s license revocation process for an impaired driving arrest by clicking on one of the links below.

Implied Consent

Implied Consent

Like many states, Oklahoma has an Implied Consent Law. In essence, this law states that any person who operates a motor vehicle within this state shall be deemed to have given consent, upon arrest, to a test or tests of:

  • Your blood or breath for the purpose of determining your alcohol concentration, and
  • Your blood, saliva or urine for determining the presence or concentration of any other intoxicating substance.
Alcohol Concentration

A valid test result, administered within 2 hours of arrest, is “prima facie” evidence that there was, at the time of the test, an alcohol concentration:

  • Of five-hundredths (0.05) or less – the person was not under the influence of alcohol,
  • In excess of five-hundredths (0.05) but less than eight-hundredths (0.08) – the person’s ability to operate a motor vehicle was impaired by alcohol, or
  • Of eight-hundredths (0.08) or more – the person was under the influence of alcohol.
“Prima Facie”

(pry-mah fay-shah) adj. Latin for “at first look,” or “on its face,” referring to criminal prosecution in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial.

I Took the Chemical Test

I Took the Chemical Test

There are two chemical test options available for a DUI or any alcohol or drug-related driving arrest, a breath test and a blood test. While the primary chemical test is the breath test, a blood test can be used in lieu of or in addition to a breath test.

Breath Test

Typically, if the breath test revealed a Breath Alcohol Concentration (BrAC) of eight-hundredths (0.08) or greater (0.02 or greater for anyone under age 21) the officer will serve the driver with an “Officers Affidavit and Notice of Revocation/Disqualification” (Notice) in addition to some type of Uniform Summons and Complaint (Summons). If the driver has a valid driver license at the time of the violation and surrenders that license to the officer, the officer may also provide a “Receipt for Driver License and Temporary Driving Permit” (TDL) that serves as a valid driver permit for a period of thirty (30) days from the date it was issued. Upon receipt of a written blood or breath test report reflecting that you, if under twenty-one (21) years of age, had any measurable quantity of alcohol in your blood or breath, or, if you are twenty-one (21) years of age or older, a blood or breath alcohol concentration of eight-hundredths (0.08) or more, the DPS will revoke or deny your driving privilege effective thirty (30) days after you receive your Notice.

Upon your written request, received by the DPS within fifteen (15) days after your Notice, the DPS will grant you an opportunity to be heard. If you fail to make a timely request for hearing in writing, then the revocation goes into effect, the revocation order is FINAL, and you waive all rights to a hearing, REGARDLESS OF WHAT HAPPENS IN COURT ON THE CRIMINAL CHARGE.

Blood Test

Because there can be no revocation for excess Blood Alcohol Concentration (BAC) until there is a laboratory analysis and test results evidencing the Blood Alcohol Concentration (BAC), the officer will not serve you with a Notice at the time of the arrest. Depending on the other evidence in the case, the officer may serve the Summons at the time of arrest.

The officer may have test results anytime from several days to several weeks following the arrest. The chemical testing laboratory will send a lab analysis report to the DPS with other supporting documentation. The DPS then sends you a Notice and affords the opportunity for a hearing. If you fail to make a timely request for hearing in writing in accordance with the notice, then the revocation goes into effect, the revocation order is FINAL, and you waive all rights to a hearing, REGARDLESS OF WHAT HAPPENS IN COURT ON THE CRIMINAL CHARGE.

I Refused the Chemical Test

I Refused the Chemical Test

By operating a motor vehicle in the State of Oklahoma, you have implied your consent to the testing process for evidence gathering in the investigation of impaired driving. Oklahoma revokes the driving privilege of any individual who fails to cooperate with the chemical testing process requested by an officer during the investigation of an alcohol or drug-related DUI arrest. A roadside breath test delivered at the request of an officer into a handheld instrument BEFORE arrest DOES NOT satisfy the chemical testing requirement.

Your driver’s license will be revoked or denied by the DPS if you refuse the state’s test. YOU ARE NOT ENTITLED TO CONSULT WITH AN ATTORNEY PRIOR TO MAKING YOUR DECISION WHETHER OR NOT TO SUBMIT TO THE STATE’S TEST.

Refusal Behavior

The following are just a few examples of behavior that may constitute a Refusal:

  • Telling the officer, “no”, when asked to submit to a test.
  • Failing to sign an associated consent form for the testing.
  • Failing to follow the officer’s instructions during the testing process.
  • Resistive or combative behavior during the testing process.
  • Failing to provide the number of samples requested.
  • Failing to cooperate in a timely manner.
  • Failing to cooperate with an alternate test.

If you refuse the state’s test, the officer will serve you with an “Officers Affidavit and Notice of Revocation/Disqualification” (Notice) in addition to some type of Uniform Summons and Complaint (Summons). If you have a valid driver license at the time of the violation and surrender that license to the officer, the officer may also provide a “Receipt for Driver License and Temporary Driving Permit” (TDL) that serves as a valid driver permit for a period of thirty (30) days from the date it was issued. Upon receipt of a written refusal report reflecting that you refused the state’s test, the DPS will revoke or deny your driving privilege effective thirty (30) days after you receive your Notice.

Upon your written request, received by the DPS within fifteen (15) days after your Notice, the DPS will grant you an opportunity to be heard. If you fail to make a timely request for hearing in writing, then the revocation goes into effect, the revocation order is FINAL, and you waive all rights to a hearing, REGARDLESS OF WHAT HAPPENS IN COURT ON THE CRIMINAL CHARGE.

What about my Administrative Hearing?

What about my Administrative Hearing?

If you surrender a valid license either prior to or at the time of the written request for hearing, the DPS will issue a permit to drive that is valid until the date of the hearing. IF NO PERMIT IS ISSUED, THEN THE REVOCATION GOES INTO EFFECT PENDING THE OUTCOME OF THE HEARING. If the driver does get a permit, then the revocation is delayed until ordered by a hearing officer.

You are entitled, but not required, to be represented by an attorney of your choice and at your own expense. A Hearing Officer for the Oklahoma Department of Public Safety will preside over the hearing, consider the evidence in the arresting officer’s investigative report, take any testimony offered, consider any additional evidence, and rule on the revocation. If the hearing officer finds that the preponderance of evidence supports the driver license revocation, then your driver license will be revoked; if not, then your driver license will not be revoked.

If your driver license is revoked, the hearing officer has no discretion as to the length of the revocation—it is determined by law and without consideration for exception or hardship.

IT’S IMPORTANT TO NOTE, THE OUTCOME OF THE ADMINISTRATIVE HEARING HAS NO BEARING ON THE CRIMINAL CASE, AND THE OUTCOME OF THE CRIMINAL FILING HAS NO BEARING ON THE ADMINISTRATIVE LICENSE HEARING.

How long will my driving privilege be revoked/denied?

How long will my driving privilege be revoked/denied?

The revocation/denial periods for individuals convicted of an impaired driving offense, those who refused the chemical test, or those who submitted to the chemical test and the results exceeded those defined by law will be:

  • 180 days for the first license revocation,
  • 1 year if you had a prior impaired driving revocation within the last 10 years or a prior conviction in another jurisdiction that did not result in a revocation of Oklahoma driving privileges, and
  • 3 years if you had 2 or more prior revocations within the last 10 years or 2 or more prior convictions in another jurisdiction that did not result in a revocation of Oklahoma driving privileges.

I need to drive and my license is revoked. Now what?

I need to drive and my license is revoked. Now what?

The Department of Public Safety (DPS), PRIOR TO YOUR ADMINISTRATIVE HEARING, may modify your revocation or denial when it is determined by DPS that you have no other adequate means of transportation. As a prerequisite and condition of any modification, you will be required to install an ignition interlock device, at your own expense, upon every motor vehicle you operate.

Anyone who drives prior to going through the reinstatement process AND reinstating your driving privileges can be charged with driving under revocation and subjected to additional fines and/or jail time. THE REVOCATION LASTS UNTIL ACTUAL REINSTATEMENT. THE MERE PASSAGE OF TIME, NO MATTER HOW LONG, DOES NOT REMOVE THE REVOCATION.

Ignition Interlock

The use of the ignition interlock device in Oklahoma dates back to 1993, when judges first began to require the installation of the device upon conviction for an impaired driving offense. While this option continues to exist today, the ignition interlock program has expanded and is now also required as a prerequisite and condition for reinstatement of your driving privileges. Whenever the records of the DPS reflect the revocation of your driving privilege for an impaired driving offense, you will be required to install an ignition interlock device, at your expense, for the following period of time:

  • For a first revocation and if the person refused to submit to a test or tests, or had a blood or breath alcohol concentration of fifteen hundredths (0.15) or more, for a period of one and one-half (1 1/2) years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer;
  • For a second revocation, for a period of four (4) years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer; or
  • For a third or subsequent revocation, for a period of five (5) years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer.

Upon request and eligibility, DPS will issue a restricted driver license to you, upon payment of a restricted driver license fee of Fifty Dollars ($50.00) and all other appropriate fees. The restricted driver license and your driving record will indicate that you are only authorized to operate a vehicle upon which an ignition interlock is installed.

The DPS may revoke or suspend your driving privileges for reports from the ignition interlock provider which indicate attempts by you to operate a motor vehicle when you are under the influence of alcohol.

THE MERE PASSAGE OF TIME, NO MATTER HOW LONG, DOES NOT REMOVE THE REVOCATION AND WILL NOT SATISFY A MANDATORY INTERLOCK RESTRICTION PERIOD.

The ignition interlock industry in Oklahoma is regulated by the Board of Tests for Alcohol and Drug Influence.  There you will find helpful information about the ignition interlock program in Oklahoma and a map showing the location of all licensed ignition interlock Service Centers.