You Have 30 Days to Do Something
Video Transcribed: What is DPS required to prove at a driver’s license revocation hearing after a DUI in Oklahoma? I’m a DUI attorney in Tulsa, James Wirth. And that’s the topic before us. So if you get a DUI arrest, if you get an APC, actual physical control of a vehicle, while intoxicated arrest on your record, at that time, they give you notice of revocation.
You’ve got 30 days to do something. And in this case, you decided to file an appeal with the district court, you’re going in for that hearing. Who’s got the burden? What are they required to prove?
The burden ultimately for that hearing is going to be on the state and what they’re required to prove depends on one of two things. Did you blow a 0.08 or above if you’re at 21 or over, or any amount of detectable alcohol if you’re under the age of 21 or, or did you refuse the state’s test?
Okay. And depending on which way you went, that changes what the state is required to prove. But in all instances, the first two elements required to prove by the state, which is; one, that there were reasonable grounds to believe that you were DUI or APC. Two, that you placed under arrest. So the requirement is for both of those to be in place for any revocation based on DUI or APC.
Now, if then they’re saying that you refused these dates tests, they got to prove two additional things. They got to prove that you refused the test. And they’ve got to prove that you were informed that refusal would result in losses of your driving privileges.
So if they advised you that refusing would result in loss of driving privileges and you refused, or they prove that you refused, then that means that they’re going to likely succeed in getting your license revoked.
But if they’re alleging that you did blow, but based on the amount that you blew, the BAC came out 0.08 or above. If you’re 21 or older, any detectable amount, if you’re under the age of 21, they have to prove these additional things. They’ve got to prove that you are not denied a blood or breath test.
If you made those requests that you were not denied those, that the sample that they obtained, that they’re suggesting puts you above the state limit, was within two hours of the arrest, that you were advised that your driving privileges would be revoked if your alcohol level was 0.08 or above or any technical amount if your under 21.
And in fact that those results did show that you were 0.08 or above or any detectable amount if you’re under the age of 21. So those are the things that the state is required to prove. If they don’t meet their burden, then they can’t revoke your license.
If they do meet their burden, and at that point, your license is going to be revoked for 180 days if it’s a first offense. Longer, if you have prior offenses that they’re utilizing prior revocations, based on that, that they’re utilizing.
In any case, though, once that happens, if you do lose you still have the opportunity to request a modified driver’s license in order to get an interlock device installed in your caller to still allow you to drive. Previous to November 1st, 2019, that was optional.
The court could grant, that was not required when the law changed creating the IDAC program. November 1st, 2019, they also changed it. So the court does have to allow that should you make that request? And should you otherwise be eligible for it?
If you’ve got any questions about these hearings, these appeals, you’re going to want to talk to an attorney about that. To get that scheduled to somebody privately confidentially at my office. You can go online to makelaweasy.com.
