If you have recently been arrested for a DUI here in Oklahoma then you must watch the clock closely. For every breath test or refusal case, you only have 15 days from the date you are notified of the revocation of your driver license (usually the date you are arrested) to request an administrative hearing on the issue of your driver license revocation. Click below to read the notice (the fine print) that DPS has included on the affidavit.
The Oklahoma Department of Public Safety will try to revoke your driving privileges and disqualify any CDL upon being notified of your arrest. You can fight this and we do fight DPS on a daily basis. But BEFORE you have the right to fight DPS you must first request your administrative hearing and that MUST BE DONE WITHIN 15 DAYS!
This is why it is important to meet with a skilled DUI attorney as soon as possible after your arrest. If you cannot get an appointment to see an experienced DUI attorney that quickly then you should request the hearing on your own and let your attorney know once you hire one. They can then take it over and represent you on the administrative case.
If you have met with an attorney about your case and he or she did not talk to you about requesting this hearing then our advice to you is to find another attorney. It is important to hire an attorney who understands DUI law, not just an attorney who will take your money for a DUI case.
Instructions and forms for requesting your hearing on your own are below.
1) Download this form as created by DPS: Oklahoma DPS Hearing Request Form (Official)
2) Fill out the form as completely as possible. Make sure you write where they can read your handwriting. Make sure you request a HEARING and NOT a modified license. Requesting a modified license is just giving up and letting them win. We rarely recommend you do that.
3) Make a copy of the form for your records.
4) The completed form must be mailed to DPS Legal Division, P.O. Box 11415, Oklahoma City, OK 73136-0415 or hand delivered to DPS at 3600 Martin Luther King Ave., Oklahoma City, OK. We suggest you send it via Certified Mail with Return Receipt. NOTE: You must make your request on their official form and it must be mailed or hand delivered. DPS is no longer accepting faxed or emailed requests. Clearly, their purpose is to put as many hurdles in your way as possible so they can get an easy win. So follow all the instructions carefully and exactly.
5) When the green card comes back to you attach it to the copy you kept for your records in step #3 above.
6) When you hire an attorney give them a copy of the form you sent and a copy of the green card return.
DPS has a list of Frequently Asked Questions on their site HERE. We suggest reading over these questions and answers.
If you have any questions regarding this topic please feel free to contact us by phone at 918-782-0000 or by email at firstname.lastname@example.org.