If you’ve never had a DUI in Oklahoma before, the first time you’re stopped and accused can be jarring. There are some things you should know, so that you understand what may happen next.
At the time of your arrest, the officer likely took your license. The license will be sent to the Department of Public Safety. You’ll receive an affidavit after this. That affidavit does serve as a temporary driver license for up to 30 days. Once those 30 days pass, you will no longer be able to drive unless you get your original license back or have received a modified driver license.
Can you apply for a new license after yours is taken by the police?
Some people believe that it’s okay to simply apply for a new license, but that’s not true unless you’ve obtained permission from the DPS. If you decide to apply for a new license while your license is in the possession of the Department of Public Safety, then you could face a misdemeanor charge, imprisonment and up to $500 in fines.
Once you have your license seized, you’ll need to request an administrative hearing within 15 days. Keep in mind that any license that was not valid or that was expired won’t be returned to you, regardless of making the appointment for a hearing.
What happens at the hearing?
At the administrative hearing, you can present evidence and testimony about why you shouldn’t lose your driving privileges. This won’t affect your criminal case, and it is generally conducted by telephone.
Your attorney can help you learn more about what to do if you want to keep your license after a DUI arrest.