Ask a DUI Lawyer in Oklahoma: How Likely Am I to Lose My License?

A DUI is a serious charge, and losing your driver's license is definitely a possibility, depending on the circumstances. There are things that can be done to protect your right to drive, but you will want to contact a DUI lawyer in Oklahoma as soon as possible for the best protection.

Ask a DUI Lawyer in Oklahoma: How Likely Am I to Lose My License?

Understanding DUI Laws in Oklahoma

The state defines DUI as operating or being in control of a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, operating a vehicle under the influence of alcohol and any other controlled substance, or with any amount of Schedule I controlled substances in your bloodstream. Penalties for DUI can include fines, jail time, and, significantly, the suspension or revocation of your driver's license.

Upon arrest for DUI, you're subject to an immediate administrative license revocation. This process is independent of criminal proceedings and can result in a temporary suspension of your license even before there's any court conviction. The only requirement is that the police officer be willing to give sworn testimony that he or she believed you to be under the influence. Oklahoma has an implied consent law, meaning that if you refuse to take a breathalyzer test, your license will be automatically suspended.

Factors Influencing License Suspension

BAC Level

The higher your BAC, the more severe the penalties. A BAC significantly above the legal limit can result in longer suspension periods or even revocation of your license.

Previous DUI Convictions

Repeat offenders face harsher penalties. If you have prior DUI convictions, the likelihood of losing your license increases, and the duration of suspension or revocation is typically longer.

Presence of Minors

If you were arrested for DUI with a minor in the vehicle, this aggravates the offense and can lead to increased penalties, including a longer license suspension.

The Legal Process and Your License

Consulting with an OKC criminal lawyer should be your very first step. They can go through the entire case, including looking at the test results and what happened during the traffic stop. A skilled lawyer might argue for lesser penalties or alternative punishments, and a lawyer can help you in the administrative hearing where you will fight to keep your license.

In Oklahoma, being arrested for DUI or APC triggers two separate actions. Firstly, a criminal action seeks to impose fines, jail time, and other punishments. Secondly, a separate administrative action determines if you'll lose your license permanently. Once you're arrested and have had your license suspended, you'll have 30 days to either file an appeal in district court or enroll in the Impaired Driver Accountability Program (IDAP).

This ​program ​allows you to keep your license, but only with an interlock device installed on your vehicle. ​There are other restrictions, as well, and some good reasons to attempt a court appeal ​in some cases rather than automatically ​enroll in the IDAP program. Talk to your lawyer about the right choice for you. ​

​It can be difficult to keep your license after a DUI conviction, but ​it's not a foregone conclusion. ​Always talk with a lawyer as soon as possible to best protect your rights and freedoms.