The Oklahoma Implied Consent Law – OICL. Your driving privilege is at stake. The following notice (or parts of it) should have been provided to you by the police if you participated in a breath or blood test at their command. (This page contains important information regarding the civil matter arising from your arrest.*)
NOTICE OF REVOCATION
Under state law, the Department of Public Safety is required to revoke or deny your driver’s license and privilege to operate a motor vehicle in this state based on:
- Whether you refused the state’s test, OR
- If under the age of 21, whether your test results show an alcohol concentration of 0.02 g/210L or more, OR;
- If 21 years of age or older, whether your test results show an alcohol concentration of 0.08 g/210L or more.
When blood is withdrawn and your alcohol concentration exceeds the legal limit, you will receive a notice mailed to the address on file with the Department of Public Safety informing you of the commencement date of the revocation.
The length of revocation is extended if, within the past ten (10) years from the date of this arrest, your driving record shows one or more revocations for the use of intoxicants or under the Implied Consent law.
Accordingly, notice should be given that your driver’s license is revoked or denied for a period of:
- One hundred eighty (180) days, if you refused or failed the state’s test, OR;
- One (1) to three (3) years if you have one or more prior revocations stemming from the use of Intoxicants, test failures or refusals to test.
NOTICE OF DISQUALIFICATION OF COMMERCIAL DRIVING PRIVILEGE
In addition to any revocation required by law, your commercial driving privilege in this state may be disqualified based upon:
- Your refusal to submit to a test(s) OR;
- A test result of .04 or more while operating a commercial motor vehicle.
THE LENGTH OF DISQUALIFICATION WILL BE:
- One (1) Year if you have had no prior disqualifications for similar cause, OR;
- Three (3) Years if the vehicle being operated was placarded for hazardous materials and you have no prior disqualifications for similar cause, OR;
- Lifetime if you have any previous disqualifications for similar cause. When blood is withdrawn and your alcohol concentration exceeds the legal limit, you will receive a notice mailed to the address on file with the Department of Public Safety informing you of the commencement date of the DISQUALIFICATION.
ADMINISTRATIVE HEARING REQUEST
If you wish to appeal the driver’s license revocation/disqualification, the Department of Public Safety must receive your written request for an Administrative Hearing within fifteen (15) days from the date you received notice of revocation or disqualification. A separate notice of revocation/disqualification will be mailed to you if your blood test results exceed the legal limit. State law does not permit the Department to consider untimely hearing requests.
You may request an Administrative Hearing by submitting your written request in person at 3600 N. Martin Luther King Avenue or by mail to the Driver Improvement Bureau, Department of Public Safety, P.O. Box 11415, Oklahoma City, OK 73136. Telephone requests are not accepted.
To make a request for a hearing, state in writing that you desire a hearing concerning this matter and either attach a photocopy of the Police Officer’s Affidavit and Notice of Revocation form or include in your written request complete identifying information, including your full name, date of birth, driver’s license number, return address, telephone number, date of arrest, and arresting agency.
We created a DPS Hearing Request form and envelope for you. Download, print, and mail today.
CONFIRMING LENGTH OF REVOCATION/DISQUALIFICATION AND STATUTORY REQUIREMENTS FOR REINSTATEMENT OF DRIVING PRIVILEGES
Since the length of the driver’s license revocation/disqualification period is extended by the existence of a prior record on file (if any), the Department of Public Safety will automatically check your record and confirm the length of revocation/disqualification to you by mail at your last known address on file. You will also receive information regarding statutory requirements for reinstatement. WARNING: THIS WILL NOT EXTEND THE EFFECTIVE DATE OF THE REVOCATION/DISQUALIFICATION, NOR EXTEND THE TIME FOR YOU TO REQUEST A HEARING.
BLOOD SPECIMEN TEST RESULTS
The state’s blood specimen will be submitted to an approved laboratory for analysis. The test results will be forwarded to the Department of Public Safety. Your driving privileges will not be affected unless you are given separate written notice, as provided by law. State law requires you to notify the Department within ten (10) days of any change of address.
State law requires the retention of blood and breath specimens (except where breath is tested by the INTOXILYZER 5000-D). Your specimen will be retained for sixty (60) days from the date of collection. During this period, you may request to have your specimen submitted to an approved laboratory for an independent test at your expense. Contact the arresting agency to request that your specimen be forwarded to an approved laboratory.
APPLICATION FOR RENEWAL OR DUPLICATE LICENSE UNLAWFUL
It is unlawful to apply for a renewal or duplicate driver’s license if your license is in the custody of a law enforcement officer or the Department of Public Safety, punishable by imprisonment for not less than seven (7) days, nor more than six (6) months or by a fine of not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment. (47 O.S. § 6-303 (D)).
MODIFICATION OF REVOKED DRIVING PRIVILEGE
Most all OICL driving privilege revocations are modifiable. Your attorney can explain this in detail.
- * Duh! This page would not have been created for you if it wasn’t important. However, this information cannot be stressed enough because the loss of driving privilege is often a more immediate and serious concern than the criminal aspect of this type of arrest. This page is a concise explanation of your rights in the civil part of your arrest mentioned on the DUI/APC/DWI page.
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