Oklahoma Blog: Criminal Law Situations

When someone is arrested for DUI in Oklahoma, that person faces a serious legal situation.  Most would assume that the aftermath of such an arrest involves going to court, fighting the case and hoping for a somewhat positive result.  While this is true, many people also are not aware that there is an entirely separate component that follows an Oklahoma DUI arrest, and one that's just as critical - the administrative hearing with the DMV.  Below is a brief overview of this aspect of a DUI, and if you are facing this type of situation, you have no time to waste before contacting an experienced Oklahoma DUI defense lawyer.

 

 

Oklahoma DUI Defense - The DMV Administrative Hearing

When someone is arrested for DUI in Oklahoma, they have only 15 days from the date of the arrest to request an administrative hearing with the Oklahoma DMV.  The DMV oversees and regulates driving privileges in the state, and the purpose of this hearing is to determine the specifics of the defendant's driver's license suspension.  If the defendant fails to request this hearing, it will be assumed that the suspension period will stand, and the duration of this suspension will depend on several factors.  In short, those who do not request this hearing will have no chance to either save their driving privileges or to have their suspension reduced.

If a defendant properly requests a hearing in a timely fashion, the hearing will be scheduled with the DMV and the defendant will have an opportunity to present evidence on his or her behalf.  The issues that are generally covered at this hearing include:

1. Whether the officer had sufficient probable cause to arrest the defendant
2. Whether you were administered a chemical test
3. Whether you accepted this test or refused it
4. Whether the officer explained the penalties for refusing a test and
5. Whether you passed or failed this test

When the evidence is presented, the DMV will make a decision regarding driving privileges.  If the DMV rules against the defendant, it's possible to apply for what's known as a hardship driver's license after the first 30 days of the suspension. 

How an Oklahoma City DUI Defense Lawyer Can Help

The hearing with the DMV is much like a trial, except that there is no jury and the rules of evidence are somewhat relaxed.  However, as stated above, you only have a few days to act after an arrest, so if you face this situation you'll need the immediate help of an experienced Oklahoma DUI defense attorney to make sure that you give yourself the best chance possible to either retain your driving privileges or to apply for a hardship after 30 days.  Contact the Oklahoma City  DUI defense lawyers at Atkins & Markoff today to schedule an initial consultation so that you can begin building your case.

 

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