Tulsa Attorney BlogWill I Lose My License Because of DUI?

There Are Two Particular Incidents When You Could Lose Your License

Video Transcribed: Will I lose my license in Oklahoma for getting a DUI? I’m Tulsa DUI attorney James Wirth and that’s the question that’s before us. Will I lose my license if I get a DUI? And the answer is maybe, and it depends on the circumstances and what you qualify as a loss of your license.

There are two particular incidents, time periods during a DUI where you could lose your license. The first is at the time of the arrest and the DUI. If you blow above a 0.08 or refuse to blow, then you will lose your license at that time. You’ll get a paper license for 30 days.

And then during that 30 days, you can apply for the IDAP program. And if you get the IDAP program approved, then you can install an interlock device in your car, and then you can drive with restrictions, i.e. you’ve got to drive in that car with the interlock device, the interlock device being a breathalyzer that you have to blow into in order for your ignition on your vehicle to start.

So that’s the first timeframe. That is, if you blow a 0.08 or above or you refuse to blow, that’s going to be a loss of your license, opportunity to do the IDAP. Now the next stage, regardless of what happens on that first stage, and I should note that during that first stage, rather than filing for the IDAP, you could file an appeal in District Court asserting that there were no grounds to take your license.

attorney in OklahomaAnd that appeal would be limited to whether you blew a 0.08 or refused, depending on what the state is alleging there. All right, so your case goes on from there.

If you are convicted, at that point notice is sent to the Department of Public Safety, and your license is suspended for six months, but you can request the opportunity for a modified license to get an interlock device installed at that point as well.

So if the question is do you lose your license where you can’t drive at all when you get a DUI? Generally, the answer is no, as long as you complete the IDAP program, get the interlock device installed, then you can continue driving in a vehicle with the interlock device on a modified driver’s license. If you don’t do that though, then yes.

You’re going to have a suspended license in Oklahoma for at least six months. If you have subsequent DUIs and it’s not the first offense, then it could be a longer period of time. If you refuse, then it could be a longer period of time with additional rules. And if you blow an aggravated amount, then it could be a longer period of time-based on the amount that you blew as well.

So there’s a lot of circumstances that can go into it. It’s going to depend on your individual case in facts. So for that question, rather than taking this general information, you really do need to talk to an attorney. To get that scheduled with somebody at my office, you can go online to makelaweasy.com.

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