If you’ve been arrested for a DUI, your license is probably one of the first things on your mind. Not being able to drive to work and social events has a huge effect on most people’s lives. Plus, a license suspension can make your car insurance rates skyrocket. Learning how to appeal a license suspension in Oklahoma is one of the first steps you can take to limit the consequences of your DUI.
Is My Driver’s License Suspended After a DUI?
After a DUI arrest, Service Oklahoma may issue a notice of revocation of your driver’s license, detailing how to appeal the suspension and giving you a deadline to do so. It’s important to note that your license is not immediately suspended at the time of arrest - the revocation takes effect after a certain period unless you take action to challenge it. Additionally, you don’t have to be convicted of DUI in order for your license to be suspended. That’s because your driver’s license is a separate civil case, in addition to your criminal case.
Should You Appeal a License Suspension?
As with many other factors involved in a DUI, whether you should appeal a license suspension depends on the facts of your case. However, in many cases, appealing your license suspension is your only chance to keep your driving privileges or avoid additional requirements. A successful appeal means you won’t have to install an ignition interlock device in your vehicle and complete the Impaired Driving Accountability Program (IDAP), which is why many people choose to challenge the suspension.
In order to be successful, you’ll need to show that the state doesn’t have the evidence it needs to revoke your license. This could include showing that the officer didn’t have reasonable suspicion to pull you over, the breathalyzer was incorrect, or the evidence doesn’t hold up in some other way.
It’s not easy to successfully appeal a license suspension. However, it can be worth it if the state doesn’t have a strong case. Plus, the hearing allows your attorney to cross-examine officers and witnesses to get helpful information. An experienced DUI attorney can help you figure out what’s best for your case.
How to Appeal a License Suspension in Oklahoma
The first step to appeal a license suspension is to consult with an attorney. They can help you navigate the following steps.
Request a Hearing
After you receive your notice of license suspension, you’ll need to request a hearing through Service Oklahoma or file an appeal in district court, depending on the circumstances of your case. You may also be required to pay a filing fee. It needs to state a legal basis for your appeal and the reasons you believe your suspension is wrong. This is one of the most important things an attorney can help you with. Once your appeal is filed, the district court will set a hearing date.
Attend Your Hearing
Next, you’ll attend your hearing and present your case. The arresting officer in your case, as well as the officer that performed the breathalyzer or blood test, if they’re different, may be required to appear. They will answer questions, including whether proper procedures were followed such as:
- Stopping you only because they had a legitimate reason
- Following all of the requirements set by the Board of Tests
- Reading you a statement regarding the State’s Test
- Supervising you for 15 minutes before performing a breathalyzer
- Ensuring the equipment was properly calibrated
Another great reason to hire an attorney is that they can attend your license suspension hearing for you. If you were arrested in a different city or county, that can save you a lot of time.
Accept or Appeal the Decision
After both sides have made their arguments, the judge will make a decision. They’ll either uphold the decision to revoke your license, or they’ll determine that the state hasn’t met the burden of proof—which means you win your appeal. If you don’t win, you can appeal to the Oklahoma Court of Civil Appeals.
Get Back Your License—and Your Life
An experienced DUI attorney will know how to appeal a license suspension so you have the best chance of success. They’re familiar with the legal arguments and paperwork required, and can make the trips to the courthouse for you so that you can save time and hassle. They’ll help you make your case at your hearing and can even attend it for you. But if you’ve been arrested for DUI, you need to act quickly. Contact the Oklahoma DUI Guy today so you don’t miss your chance.