If you are pulled over for drunk driving and arrested for a DUI or if you refuse a breathalyzer test, the State begins the process of revoking your driver's license.
After this happens, you have three options:
Do nothing (Not recommended)
If you do nothing within 30 days, Your license will be revoked for a statutory period of time based on the number of DUI offenses you have had in the last 10 years:
- For the first offense in 10 years, 180 days
- For the second offense in 10 years, 1 year
- For the third offense in 10 years, 3 years
During the revocation period, it is illegal for you to drive.
File An Appeal Challenging The Revocation
We can challenge the basis of the stop, arrest, breath test, refusal, and other merits of the case on your behalf in order to stop the State from revoking your license. If we win, you will not lose your license. If we lose, you'll still be able to apply to participate in IDAP.
Participate in IDAP
Oklahoma’s new Impaired Driver Accountability Program (IDAP) went into effect in late 2019 and significantly changed the way that denials of driving privileges are handled in the State. It’s a so-called “diversionary” program that aims to minimize the consequences of a DUI arrest by diverting offenders from committing serial violations and/or other crimes (like driving without a license). If we apply on your behalf and you are accepted into IDAP, you'll be required to have an interlock device (blower) 180 days, 1 year, or three years for a first, second, or third offense in the last 10 years. It costs $250 to apply, and you must do so within 30 days of the date of your arrest and complete all of the steps within 45 days of your arrest. This is what you'll have to do:
- An ignition interlock device must be installed in a vehicle (this costs money to have it installed, monthly maintenance, and removed) and a copy of insurance in your name on the vehicle the interlock is installed on.
- If you have a work vehicle, we need to get an affidavit on letterhead from your employer that states you have a work vehicle, the tag is XYZ and you are not permitted to install an interlock in the work vehicle. Take a notarized copy of this to DPS with the other mentioned documents. You'll be permitted to drive the work vehicle without an interlock during regular business hours, but you'll still be required to have an interlock on your vehicle. This exception only applies if this is your first offense
- Email all documentation to email@example.com. This must be done within 45 days of your arrest and you must apply to IDAP within 30 days of the arrest. These are hard deadlines and there are not any exceptions.
- The program requires you to go the last 60/180/365 (depending on if the first, second, or third offense in the last 10 years) days without any violations (alcohol on your breath while blowing into the device, circumvent the device, etc.) If you have a violation in the last 60/180/365 days, you have to start the 60/180/365 days over until you go a full 60/180/365 days without a violation.
- Before your IDAP period is over, you'll need to turn in the red stamp copy of your DUI class certificate.
At the conclusion, you'll get a completion certificate and will be able to take the interlock out of your vehicle. For More information on IDAP, see our ultimate guide to IDAP.
Commercial Drivers License (CDL)
If you have a commercial drivers license (CDL) or if you want to obtain a CDL, then you need to know how a DUI or other alcohol or drug related driving incident will affect your driving privileges. Pursuant to Title 47 O.S. 6-205.2, if you are operating a commercial motor vehicle (CMV) and/or you have a commercial drivers license (CDL) A first-time conviction for a DUI or APC will result in a suspension of your CDL for ONE year. Additionally, your CDL will be suspended for ONE year if you refuse to take the breath test. This is even true if the DUI occurred while you were driving your personal vehicle.
If you are convicted a second time for DUI or APC, there will be a Lifetime ban on your commercial driving privilege. Additionally, any conviction you receive for using a vehicle for any type of felony drug charges will result in a Lifetime ban on your CDL.
Pilots have separate reporting issues than drivers of automobiles or people with CDLs. Please contact us as soon as possible if you are arrested for a DUI and have a pilot’s license. We need as much time as possible in order to accommodate the reporting requirements of the particular agencies involved.
How Hiring Us Works
You Send Us Info
Every case is unique and we need to gather as much info about your circumstances as possible. We get your story, any documents you received, and start analyzing your matter.
We Speak With You
We'll speak with you and discuss all of your options, and how we should move forward with your defense.
We Defend You
We'll work hard to aggressively represent your interests and to get you the best possible result so you can get your life back on track.
Need To Save Your Driver's License?
We can help. Contact us today.